10:30 AM

6:19-18460


Jose Luis Pulido


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-6-19, 11-22-19, 3-16-20, 9-21-20, 11-9-20


Docket 2

Party Information

Debtor(s):

Jose Luis Pulido Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:19-20975

Eric Adrian Bell and Lillian Louise Bell

Chapter 13

#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-24-20, 7-1-20, 12-14-20

Docket 1

Party Information

Debtor(s):

Eric Adrian Bell Represented By Todd L Turoci

Joint Debtor(s):

Lillian Louise Bell Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11375

Beatriz Banuelos

Chapter 13

#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Beatriz Banuelos Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11437

Marie Scott

Chapter 13

#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Marie Scott Represented By

Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11761

Joseph Ysidro Diaz and Cecelia Diaz

Chapter 13

#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Joseph Ysidro Diaz Represented By Todd L Turoci

Joint Debtor(s):

Cecelia Diaz Represented By

Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11826


Tyrone Cranford and Mary Louise Cranford


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 12-14-20


Docket 2

Party Information

Debtor(s):

Tyrone Cranford Represented By Todd L Turoci

Joint Debtor(s):

Mary Louise Cranford Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-13874

Dawn Lynn Menge

Chapter 13

#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-15-20, 7-22-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Dawn Lynn Menge Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-14022

Ponce Deleon Overton

Chapter 13

#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROMl 7-22-20, 8-5-20, 12-15-20

Docket 2

Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 12-8-20

Party Information

Ponce Deleon Overton Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-10759

Tomaso Giannelli and Melanie Giannelli

Chapter 13

#9.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 3-25-20, 6-15-20, 12-14-20

Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

Tomaso Giannelli Represented By Julie J Villalobos

Joint Debtor(s):

Melanie Giannelli Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12856


William Albert Hoffman


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 FROM: 5-13-20, 6-10-20, 12-14-20


Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

William Albert Hoffman Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12888


Estevan Rodriguez


Chapter 13


#11.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20


Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

Estevan Rodriguez Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-13440


Brandy Castanon Medina


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 12-14-20


Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

Brandy Castanon Medina Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-14020


Silvia S Moreno and Leonardo Moreno


Chapter 13


#13.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROMl 7-22-20, 8-5-20, 12-15-20


Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

Silvia S Moreno Represented By Julie J Villalobos

Joint Debtor(s):

Leonardo Moreno Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-14314


Brent Eugene Fast and Tamara Lynn Fast


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-5-20, 8-12-20, 12-15-20


Docket 2


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-17- 20; CONT'D TO 1-4-21 AT 2:15 P.M.

Party Information

Brent Eugene Fast Represented By Julie J Villalobos

Joint Debtor(s):

Tamara Lynn Fast Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-10877


Martha Vaca Herrera and Gabriel Yanez


Chapter 13


#15.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-11-20, 6-19-20, 12-14-20


Docket 2

Party Information

Debtor(s):

Martha Vaca Herrera Represented By Dana Travis

Joint Debtor(s):

Gabriel Yanez Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-12457

Timothy Edward Messmer and Tammy Renee Messmer

Chapter 13

#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-29-20, 6-11-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Timothy Edward Messmer Represented By Dana Travis

Joint Debtor(s):

Tammy Renee Messmer Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-12703

Robert Charles Boardman

Chapter 13

#17.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 5-13-20, 6-8-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Robert Charles Boardman Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-13178

Nikolai John Samarin and Emily Caroline Samarin

Chapter 13

#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-24-20, 7-1-20, 12-14-20

Docket 1

Party Information

Debtor(s):

Nikolai John Samarin Represented By Dana Travis

Joint Debtor(s):

Emily Caroline Samarin Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14028

Henry Albert Ramirez and Alison Marie Wright

Chapter 13

#19.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Henry Albert Ramirez Represented By Dana Travis

Joint Debtor(s):

Alison Marie Wright Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-10759

Tomaso Giannelli and Melanie Giannelli

Chapter 13

#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 3-25-20, 6-15-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Tomaso Giannelli Represented By Julie J Villalobos

Joint Debtor(s):

Melanie Giannelli Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-12856

William Albert Hoffman

Chapter 13

#21.00 Hrg re status conference regarding confirmation of the chapter 13 FROM: 5-13-20, 6-10-20, 12-14-20

Docket 2

Party Information

Debtor(s):

William Albert Hoffman Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-12888

Estevan Rodriguez

Chapter 13

#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Estevan Rodriguez Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-13440

Brandy Castanon Medina

Chapter 13

#23.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Brandy Castanon Medina Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-14020

Silvia S Moreno and Leonardo Moreno

Chapter 13

#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROMl 7-22-20, 8-5-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Silvia S Moreno Represented By Julie J Villalobos

Joint Debtor(s):

Leonardo Moreno Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-14314

Brent Eugene Fast and Tamara Lynn Fast

Chapter 13

#25.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-5-20, 8-12-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Brent Eugene Fast Represented By Julie J Villalobos

Joint Debtor(s):

Tamara Lynn Fast Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-21084

Martin Castellanos Romo and Xochilh J Castellanos

Chapter 13

#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 7-29-20, 12-15-20

Docket 1

Party Information

Debtor(s):

Martin Castellanos Romo Represented By Paul Y Lee

Joint Debtor(s):

Xochilh J Castellanos Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-10499

Cameron S. Tillery and Diana R Core-Tillery

Chapter 13

#27.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 2-26-20, 3-11-20, 6-15-20, 12-14-20

Docket 2

Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 11-4-20

Party Information

Cameron S. Tillery Represented By Paul Y Lee

Joint Debtor(s):

Diana R Core-Tillery Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-10696

Rachiel R Jones

Chapter 13

#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 3-25-20, 6-15-20

Docket 2

Party Information

Debtor(s):

Rachiel R Jones Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-11788

David Charles Wargnier

Chapter 13

#29.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 12-14-20

Docket 2

Party Information

Debtor(s):

David Charles Wargnier Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-12004

Jesus Rodriguez Gomez and Migdalia Alicia DIaz

Chapter 13

#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 7-29-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Jesus Rodriguez Gomez Represented By Paul Y Lee

Joint Debtor(s):

Migdalia Alicia DIaz Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-12664

Viola D Peoples

Chapter 13

#31.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 5-13-20, 6-8-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Viola D Peoples Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-10815

Tatanisha Juandalynn Player

Chapter 13

#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 6-22-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Tatanisha Juandalynn Player Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-12243

John Anthony Espejo

Chapter 13

#33.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-22-20, 6-8-20, 12-14-20

Docket 2

Party Information

Debtor(s):

John Anthony Espejo Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-11642

Melvin Ferido Austria

Chapter 13

#34.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 7-29-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Melvin Ferido Austria Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-11683

Noriel Jorge Victorio Dela Cruz and Ma Jenny Rose Bueta

Chapter 13

#35.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 12-15-20

Docket 2

Party Information

Debtor(s):

Noriel Jorge Victorio Dela Cruz Represented By

Hasmik Jasmine Papian

Joint Debtor(s):

Ma Jenny Rose Bueta Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-12235


Denise Cuevas


Chapter 13


#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-22-20, 6-8-20, 12-14-20


Docket 2

Party Information

Debtor(s):

Denise Cuevas Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-12475

Debra Ann Karr

Chapter 13

#37.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-29-20, 6-10-20, 12-14-20

Docket 2

Party Information

Debtor(s):

Debra Ann Karr Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-13031

Jeffrey Lynn Booth

Chapter 13

#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20

Docket 0

Party Information

Debtor(s):

Jeffrey Lynn Booth Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-13164

Shontae Hill

Chapter 13

#39.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20

Docket 0

Party Information

Debtor(s):

Shontae Hill Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:18-19730

Vario Corp.

Chapter 7

Adv#: 6:20-01167 Bui et al v. ML Factors Funding LLC et al

#1.00 Status conference re: Complaint for (1) Declaratory relief; (2) Avoidance of preferential transfers; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims; (5) Avoidance of fraudulent

Docket 1


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 11-3- 20; CONT;D TO 2-11-21 AT 11:00 A.M.

Party Information

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

ML Factors Funding LLC Pro Se

SPG Advance LLC, a New York Pro Se

TVT 2.0, LLC, a Utah Limited Pro Se BP Funding, LLC, a New York LLC Pro Se David Rubin Pro Se

Lazer Preizler Pro Se

Baruch Weinstock Pro Se

Samuel Selmar Pro Se

Asher Fensterheim Pro Se

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

10:30 AM

CONT...


Vario Corp.


Chapter 7

East West Bank Represented By Elmer D Martin III Curtis C Jung Clifford P Jung

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman

10:30 AM

6:20-14758


Ridge Park Point, LLC


Chapter 7

Adv#: 6:20-01164 A. Cisneros, Chapter 7 Trustee v. Garland


#2.00 Status conference re: Complaint (1) Breach of contract; (2) Turnover


Docket 1

Party Information

Debtor(s):

Ridge Park Point, LLC Represented By Joshua J Herndon

Defendant(s):

Ryan Garland Pro Se

Plaintiff(s):

A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm

10:30 AM

6:20-14758


Ridge Park Point, LLC


Chapter 7

Adv#: 6:20-01165 A. Cisneros, Chapter 7 Trustee v. Paradyme Funding, Inc., a California


#3.00 Status conference re: Complaint (1) Breach of contract; (2) Turnover


Docket 1

Party Information

Debtor(s):

Ridge Park Point, LLC Represented By Joshua J Herndon

Defendant(s):

Paradyme Funding, Inc., a California Pro Se

Plaintiff(s):

A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm

1:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#1.00 Hrg re motion to avoid junior lien on principal residence or in the alternative application for entry of order nunc pro tunc on motion to avoid junior lien on principal residence upon Citibank N.A.


[Property: 4525 Center Ave., Norco, CA 92860] FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20


Docket 105


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 11-17- 20; CONT'D TO 1-15-21 AT 1:00 P.M.

Party Information

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

1:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#2.00 Hrg re objection to claim number 10 filed by Citibank N.A. FROM: 5-6-20, 7-24-20, 10-23-20

Docket 110


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 11-17- 20; CONT'D TO 1-15-21 AT 1:00 P.M.

Party Information

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:18-16396


Leslie E. Tingley


Chapter 7


#3.00 Hrg re motion to reopen chapter 7 case FROM: 6-24-20, 7-14-20, 10-6-20


Docket 17


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 11-17- 20; CONT'D TO 1-15-21 AT 2:00 P.M.

Party Information

Leslie E. Tingley Represented By Michael D Franco

Movant(s):

Leslie E. Tingley Represented By Michael D Franco Michael D Franco Michael D Franco Michael D Franco

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-14450


Christopher L. Lamperts and Cynthia L. Lamperts


Chapter 13


#1.00 Confirmation of Chapter 13 Plan


FROM: 8-19-20


Docket 1


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 10, 2020, the Court entered a scheduling order [docket #25] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 1:30 p.m.


On December 16 and December 23, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #36 & 38] ("Statement") recommending confirmation of the amended chapter 13 plan filed by

1:30 PM

CONT...


Christopher L. Lamperts and Cynthia L. Lamperts


Chapter 13

the debtors in this bankruptcy case ("Debtors") on December 11, 2020 [docket #35] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 21, 2020 [docket #37] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #14] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 1, 2020, the monthly plan payment is $1,115. Starting September 1, 2020, the monthly plan payment is $1,722. Starting April 1, 2021, the monthly plan payment is $13,007.

    Starting May 1, 2021, the monthly plan payment is $1,722. Starting April 1, 2022, the monthly plan payment is $13,007. Starting May 1, 2022, the monthly plan payment is $1,722

    1:30 PM

    CONT...


    Christopher L. Lamperts and Cynthia L. Lamperts Starting April 1, 2023, the monthly plan payment is $13,007. Starting May 1, 2023, the monthly plan payment is $1,722. Starting April 1, 2024, the monthly plan payment is $13,007. Starting May 1, 2024, the monthly plan payment is $1,722. Starting April 1, 2025, the monthly plan payment is $13,007. Starting May 1, 2025, the monthly plan payment is $1,722.


    Chapter 13


    The due date for each payment is the 1st day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $159,138. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $400 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts


      Chapter 13

      nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Matrix Financial Services (c/o Flagstar Bank) in the amount of $2,232.31 at a rate no less than $37.21 per month for 60 months.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts


      Chapter 13

      location of the meeting of creditors and confirmation hearing (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts


      Chapter 13

  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,999.32 per month. (Creditor: Flagstar Bank).


      All payments for the junior mortgage against the residence of the Debtors in the approximate amount of $378.52 per month. (Creditor: Flagstar Bank).


      All payments for the automobile loan for the 2017 Kia Sorento in the approximate amount of $559.29 per month. (Creditor: Chevron Federal Credit Union).


      All payments for the automobile loan for the 2020 Chevy Colorado in the approximate amount of $782 per month. (Creditor: Arrowhead Credit Union).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts


      Chapter 13

      financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.

      1:30 PM

      CONT...


      Christopher L. Lamperts and Cynthia L. Lamperts

    6. If the Debtors later seek to convert this case to another chapter or to


      Chapter 13

      dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, all timeshares (collectively, "Abandoned Property") are hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Christopher L. Lamperts Represented By

M. Wayne Tucker

Joint Debtor(s):

Cynthia L. Lamperts Represented By

M. Wayne Tucker

1:30 PM

CONT...

Trustee(s):


Christopher L. Lamperts and Cynthia L. Lamperts


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14450


Christopher L. Lamperts and Cynthia L. Lamperts


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20


Docket 1

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Christopher L. Lamperts Represented By

M. Wayne Tucker

Joint Debtor(s):

Cynthia L. Lamperts Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14452


Michelle Wendy Stern


Chapter 13


#3.00 Confirmation of Chapter 13 Plan


FROM: 8-19-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 10, 2020, the Court entered a scheduling order [docket #18] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 1:30 p.m.


On December 16, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

1:30 PM

CONT...


Michelle Wendy Stern


Chapter 13

case ("Debtors") on August 11, 2020 [docket #21] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 16, 2020 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 1, 2020, the monthly plan payment is $800. Starting May 1, 2022, the monthly plan payment is $1,254.


    The due date for each payment is the 1st day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $65,706.

    1:30 PM

    CONT...


    Michelle Wendy Stern


    Chapter 13

    Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $3,000, counsel for the debtors shall refund $500 to the Trustee within seven days of Plan confirmation and $500 shall be added to the base. Counsel is entitled to payment of the remaining $2,500 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the

      1:30 PM

      CONT...


      Michelle Wendy Stern

      preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such

        1:30 PM

        CONT...


        Michelle Wendy Stern

        creditors.


        Chapter 13


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.

      1:30 PM

      CONT...


      Michelle Wendy Stern

    7. In the event of any differences between the terms of the Plan and this


      Chapter 13

      Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2017 Toyota Prius in the

      1:30 PM

      CONT...


      Michelle Wendy Stern


      Chapter 13

      approximate amount of $453.80 per month. (Creditor: Toyota Motor Credit Corporation).


      All payments for the solar panels in the approximate amount of $68 per month. (Creditor: Loanpal).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant

      1:30 PM

      CONT...


      Michelle Wendy Stern


      Chapter 13

      to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

1:30 PM

CONT...

Debtor(s):


Michelle Wendy Stern


Chapter 13

Michelle Wendy Stern Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14452


Michelle Wendy Stern


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Michelle Wendy Stern Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14470

Alexander Spalla and Michelle Deschamp Spalla

Chapter 13

#5.00 Confirmation of Chapter 13 Plan

FROM: 8-19-20

Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 10, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 1:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #29] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

1:30 PM

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Alexander Spalla and Michelle Deschamp Spalla


Chapter 13

("Debtors") on June 29, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 2, 2021 [docket #30] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $715 commencing on August 1, 2020. The due date for each payment is the 1st day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $42,900. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    1:30 PM

    CONT...


    Alexander Spalla and Michelle Deschamp Spalla


    Chapter 13

  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $4,000; having previously received $2,000, counsel is entitled to payment of $2,000 from the estate at a rate no more than $200 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      1:30 PM

      CONT...


      Alexander Spalla and Michelle Deschamp Spalla

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of CarMax Auto Finance in the amount of $304.34 at a rate no less than $15.76 per month for 20 months with interest at the rate of 4% per annum.


  4. Additional provisions:

    1:30 PM

    CONT...


    Alexander Spalla and Michelle Deschamp Spalla

    1. Any and all provisions in the Plan purporting to avoid, extinguish,


      Chapter 13

      bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions

      1:30 PM

      CONT...


      Alexander Spalla and Michelle Deschamp Spalla


      Chapter 13

      governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,061.01 per month. (Creditor: Freedom Mortgage).


      All payments for the automobile loan for the 2012 Subaru Impreza in the approximate amount of $289.34 per month. (Creditor: CarMax Auto Finance).


    2. As used in this order, the term "Direct Payments" means (i) all

      1:30 PM

      CONT...


      Alexander Spalla and Michelle Deschamp Spalla


      Chapter 13

      payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file

      1:30 PM

      CONT...


      Alexander Spalla and Michelle Deschamp Spalla


      Chapter 13

      a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Alexander Spalla Represented By Andrew Nguyen

Joint Debtor(s):

Michelle Deschamp Spalla Represented By

1:30 PM

CONT...


Trustee(s):


Alexander Spalla and Michelle Deschamp Spalla

Andrew Nguyen


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14470


Alexander Spalla and Michelle Deschamp Spalla


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Alexander Spalla Represented By Andrew Nguyen

Joint Debtor(s):

Michelle Deschamp Spalla Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14548

Ryan Eli

Chapter 13

#7.00 Confirmation of Chapter 13 Plan

FROM: 8-19-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Eli Represented By

Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14548


Ryan Eli


Chapter 13


#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Eli Represented By

Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14553


Christopher Paul Kern and Nicole Kimberly Kern


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


FROM: 8-19-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 10, 2020, the Court entered a scheduling order [docket #23] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 1:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #33] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

1:30 PM

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Christopher Paul Kern and Nicole Kimberly Kern


Chapter 13

case ("Debtors") on August 12, 2020 [docket #25] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #34] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 1, 2020, the monthly plan payment is $320. Starting September 1, 2020, the monthly plan payment is $2,400.


    The due date for each payment is the 1st day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 22% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $141,920.

    1:30 PM

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    Christopher Paul Kern and Nicole Kimberly Kern


    Chapter 13

    Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      1:30 PM

      CONT...


      Christopher Paul Kern and Nicole Kimberly Kern

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $19,149.24 at a rate no less than

        $319.15 per month for 60 months.


      2. The Trustee shall pay the secured claim of the Internal Revenue

        1:30 PM

        CONT...


        Christopher Paul Kern and Nicole Kimberly Kern


        Chapter 13

        Service in the amount of $16,132 at a rate no less than $304.43 per month for 60 months with interest at the rate of 5% per annum.


      3. Gross income over $100,000 is pledged to the Plan, less tax deductions.


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          1:30 PM

          CONT...


          Christopher Paul Kern and Nicole Kimberly Kern


          Chapter 13

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters

        1:30 PM

        CONT...


        Christopher Paul Kern and Nicole Kimberly Kern


        Chapter 13

        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2017 Nissan Pathfinder in the approximate amount of $507.32 per month. (Creditor: Fair Financial Corp).


          All payments for the automobile loan for the Jayco RV in the approximate amount of $305 per month. (Creditor: Merrick Bank).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case

          1:30 PM

          CONT...


          Christopher Paul Kern and Nicole Kimberly Kern


          Chapter 13

          including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first

1:30 PM

CONT...


Christopher Paul Kern and Nicole Kimberly Kern


Chapter 13

default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Christopher Paul Kern Represented By Paul Y Lee

Joint Debtor(s):

Nicole Kimberly Kern Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14553


Christopher Paul Kern and Nicole Kimberly Kern


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Christopher Paul Kern Represented By Paul Y Lee

Joint Debtor(s):

Nicole Kimberly Kern Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14574

Danny Ray Navarro and Antonette Rodriguez Navarro

Chapter 13

#11.00 Confirmation of Chapter 13 Plan

FROM: 8-19-20

Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 10, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 1:30 p.m.


On December 17, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

1:30 PM

CONT...


Danny Ray Navarro and Antonette Rodriguez Navarro


Chapter 13

("Debtors") on July 2, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet.


The Debtors have not objected to the Court’s procedures order [docket #12] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 2, 2020, the monthly plan payment is $3,135. Starting September 2, 2020, the monthly plan payment is $3,891.


    The due date for each payment is the 2nd day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is

    $232,704. Debtors must pay sufficient funds to pay (1) the base plan amount or (2)

    1:30 PM

    CONT...


    Danny Ray Navarro and Antonette Rodriguez Navarro


    Chapter 13

    the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, theTtrustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled

      1:30 PM

      CONT...


      Danny Ray Navarro and Antonette Rodriguez Navarro

      Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $2,471.24 at a rate no less than $41.19 per month for 60 months.


      2. The Trustee shall pay the secured claim of Specialized Loan Servicing in the amount of $5,491.41 at a rate no less than

        1:30 PM

        CONT...


        Danny Ray Navarro and Antonette Rodriguez Navarro

        $91.52 per month for 60 months.


        Chapter 13


      3. The Trustee shall pay the secured claim of Navy Federal Credit Union in the amount of $15,046.89 at a rate no less than

        $250.78 per month for 60 months.


      4. The Trustee shall pay the secured claim of BMW Financial Services in the amount of $18,431.66 at a rate no less than

        $347.83 per month for 60 months with interest at the rate of 5% per annum.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.

      1:30 PM

      CONT...


      Danny Ray Navarro and Antonette Rodriguez Navarro


      Chapter 13

    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other

      1:30 PM

      CONT...


      Danny Ray Navarro and Antonette Rodriguez Navarro


      Chapter 13

      attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,308.18 per month. (Creditor: Specialized Loan Servicing).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the junior mortgage in September of 2020 in the approximate amount of $627.08 per month to the creditor Navy Federal Credit Union. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give

      1:30 PM

      CONT...


      Danny Ray Navarro and Antonette Rodriguez Navarro


      Chapter 13

      away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make

      1:30 PM

      CONT...


      Danny Ray Navarro and Antonette Rodriguez Navarro


      Chapter 13

      the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Danny Ray Navarro Represented By Paul Y Lee

Joint Debtor(s):

Antonette Rodriguez Navarro Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14574


Danny Ray Navarro and Antonette Rodriguez Navarro


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Danny Ray Navarro Represented By Paul Y Lee

Joint Debtor(s):

Antonette Rodriguez Navarro Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14579

Tritia LaJoyce Humphries

Chapter 13

#13.00 Confirmation of Chapter 13 Plan

FROM: 8-19-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 8-19-19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tritia LaJoyce Humphries Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14579


Tritia LaJoyce Humphries


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 8-19-19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tritia LaJoyce Humphries Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14593


Jorge A Mora and Maria Del Rocio Mora


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


FROM: 8-19-20


Docket 14

*** VACATED *** REASON: CASE DISMISSED 12-28-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge A Mora Represented By

Raymond Perez

Joint Debtor(s):

Maria Del Rocio Mora Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14593


Jorge A Mora and Maria Del Rocio Mora


Chapter 13


#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-28-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge A Mora Represented By

Raymond Perez

Joint Debtor(s):

Maria Del Rocio Mora Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14607


Asdrubal Diaz


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Asdrubal Diaz Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14607


Asdrubal Diaz


Chapter 13


#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Asdrubal Diaz Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14615


Selena Hoa Tran


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Selena Hoa Tran Represented By Tina H Trinh

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14615


Selena Hoa Tran


Chapter 13


#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Selena Hoa Tran Represented By Tina H Trinh

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14652


Lawrence Herman Grounds, Jr. and Julie Ann Grounds


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 11, 2020, the Court entered a scheduling order [docket #18] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 17, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #29] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

2:30 PM

CONT...


Lawrence Herman Grounds, Jr. and Julie Ann Grounds


Chapter 13

("Debtors") on July 8, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 30, 2020 [docket #30] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 8, 2020, the monthly plan payment is $4,975. Starting February 8, 2021, the monthly plan payment is $5,188.


    The due date for each payment is the 8th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $310,002.

    2:30 PM

    CONT...


    Lawrence Herman Grounds, Jr. and Julie Ann Grounds


    Chapter 13

    Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,000, counsel is entitled to payment of $3,000 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      2:30 PM

      CONT...


      Lawrence Herman Grounds, Jr. and Julie Ann Grounds payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed

      Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $967.42 at a rate no less than $16.12 per month for 60 months.


      2. The Trustee shall pay the secured claim of Schools First

        2:30 PM

        CONT...


        Lawrence Herman Grounds, Jr. and Julie Ann Grounds

        Federal Credit Union in the amount of $41,278.42 at a rate no


        Chapter 13

        less than $760.20 per month for 60 months with interest at the rate of 4% per annum.


      3. The Trustee shall pay the secured claim of Schools First Federal Credit Union in the amount of $29,306.93 at a rate no less than $539.73 per month for 60 months with interest at the rate of 4% per annum.


      4. The Trustee shall pay the secured claim of Schools First Federal Credit Union in the amount of $26,810.05 at a rate no less than $493.75 per month for 60 months with interest at the rate of 4% per annum.


      5. The Trustee shall pay the secured claim of Toyota Financial Services in the amount of $22,393.99 at a rate no less than

        $425.17 per month for 60 months with interest at the rate of 5.25% per annum.


      6. The Trustee shall pay the secured claim of Alliant Credit Union in the amount of $17,900 at a rate no less than $329.66 per month for 60 months with interest at the rate of 4% per annum.


      7. The Trustee shall pay the secured claim of Sun West Mortgage Company in the amount of $3,611.89 at a rate no less than

        $60.20 per month for 60 months.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.

      2:30 PM

      CONT...


      Lawrence Herman Grounds, Jr. and Julie Ann Grounds

    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are


      Chapter 13

      hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but

      2:30 PM

      CONT...


      Lawrence Herman Grounds, Jr. and Julie Ann Grounds


      Chapter 13

      without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,543.50 per month. (Creditor: Sun West Mortgage Company).


      All payments for the solar panels in the approximate amount of $370 per month. (Creditor: Tesla).


      All payments for the timeshares in the approximate amount of $114 per month. (Creditor: Welk Resort Group).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any

      2:30 PM

      CONT...


      Lawrence Herman Grounds, Jr. and Julie Ann Grounds


      Chapter 13

      other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a

      2:30 PM

      CONT...


      Lawrence Herman Grounds, Jr. and Julie Ann Grounds


      Chapter 13

      report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Lawrence Herman Grounds Jr. Represented By Dana Travis

Joint Debtor(s):

Julie Ann Grounds Represented By Dana Travis

2:30 PM

CONT...

Trustee(s):


Lawrence Herman Grounds, Jr. and Julie Ann Grounds


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14652


Lawrence Herman Grounds, Jr. and Julie Ann Grounds


Chapter 13


#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Lawrence Herman Grounds Jr. Represented By Dana Travis

Joint Debtor(s):

Julie Ann Grounds Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14741

Kathryn Hemstreet

Chapter 13

#23.00 Confirmation of Chapter 13 Plan

FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kathryn Hemstreet Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14741


Kathryn Hemstreet


Chapter 13


#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kathryn Hemstreet Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14764


Melissa Ann Santa Maria Antonucci


Chapter 13


#25.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 0

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Melissa Ann Santa Maria Antonucci Represented By

Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14764


Melissa Ann Santa Maria Antonucci


Chapter 13


#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Melissa Ann Santa Maria Antonucci Represented By

Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14809


Richard Wayne Wilcox and Judith Ann Wilcox


Chapter 13


#27.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 11, 2020, the Court entered a scheduling order [docket #21] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #35] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

2:30 PM

CONT...


Richard Wayne Wilcox and Judith Ann Wilcox


Chapter 13

case ("Debtors") on July 20, 2020 [docket #14] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 30, 2020 [docket #36] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 15, 2020, the monthly plan payment is $1,000. Starting October 15, 2020, the monthly plan payment is $1,250. Starting May 15, 2024, the monthly plan payment is $1,753.


    The due date for each payment is the 15th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 40% of their

    2:30 PM

    CONT...


    Richard Wayne Wilcox and Judith Ann Wilcox


    Chapter 13

    allowed claims. The Plan is confirmed as a base plan and the base plan amount is

    $82,045. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,000, counsel is entitled to payment of $3,000 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).

      2:30 PM

      CONT...


      Richard Wayne Wilcox and Judith Ann Wilcox

      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $2,000 at a rate no less than $33.34 per month for 60 months.

        2:30 PM

        CONT...


        Richard Wayne Wilcox and Judith Ann Wilcox


        Chapter 13

      2. The Trustee shall pay the secured claim of MUFG Union Bank in the amount of $88.29 at a rate no less than $17.66 per month for five months.


      3. The Trustee shall pay the secured claim of OneMain Financial in the amount of $10,336.72 at a rate no less than $190.37 per month for 60 months with interest at the rate of 4% per annum.


      4. The Trustee shall pay the secured claim of Arrowhead Credit Union in the amount of $10,480.08 at a rate no less than

        $190.60 per month for 60 months with interest at the rate of 3.49% per annum.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not

      2:30 PM

      CONT...


      Richard Wayne Wilcox and Judith Ann Wilcox


      Chapter 13

      be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.

      2:30 PM

      CONT...


      Richard Wayne Wilcox and Judith Ann Wilcox

    12. The last sentence of section II(A) of the Plan is hereby stricken and


      Chapter 13

      shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,348.21 per month. (Creditor: Union Bank).


      All payments for the junior mortgage against the residence of the Debtors in the approximate amount of $402.35 per month. (Creditor: Wilmington Savings Fund).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or

      2:30 PM

      CONT...


      Richard Wayne Wilcox and Judith Ann Wilcox


      Chapter 13

      otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to

2:30 PM

CONT...


Richard Wayne Wilcox and Judith Ann Wilcox


Chapter 13

dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Richard Wayne Wilcox Represented By Dana Travis

Joint Debtor(s):

Judith Ann Wilcox Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14809


Richard Wayne Wilcox and Judith Ann Wilcox


Chapter 13


#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Richard Wayne Wilcox Represented By Dana Travis

Joint Debtor(s):

Judith Ann Wilcox Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14817

Tomas Colon and Soaira Rueda

Chapter 7

#29.00 Confirmation of Chapter 13 Plan

FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE CONVERTED 8-19-20 TO CHAPTER 7

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tomas Colon Represented By

Edward Torres

Joint Debtor(s):

Soaira Rueda Represented By

Edward Torres

Trustee(s):

Steven M Speier (TR) Pro Se

2:30 PM

6:20-14817


Tomas Colon and Soaira Rueda


Chapter 7


#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 2

*** VACATED *** REASON: CASE CONVERTED 8-19-20 TO CHAPTER 7

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tomas Colon Represented By

Edward Torres

Joint Debtor(s):

Soaira Rueda Represented By

Edward Torres

Trustee(s):

Steven M Speier (TR) Pro Se

2:30 PM

6:20-14846


Andre Jones, Jr. and Helena Mercedes Jones


Chapter 13


#31.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andre Jones Jr. Represented By Kristin R Lamar

Joint Debtor(s):

Helena Mercedes Jones Represented By Kristin R Lamar

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14846


Andre Jones, Jr. and Helena Mercedes Jones


Chapter 13


#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andre Jones Jr. Represented By Kristin R Lamar

Joint Debtor(s):

Helena Mercedes Jones Represented By Kristin R Lamar

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14855


Jose Alejandro Contreras


Chapter 13


#33.00 Confirmation of Chapter 13 Plan


FROM: 9-2-20


Docket 17

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Alejandro Contreras Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14855


Jose Alejandro Contreras


Chapter 13


#34.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-9-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 8-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Alejandro Contreras Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14927


Michelle M. LuVisi


Chapter 13


#35.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 25, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 22, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

2:31 PM

CONT...


Michelle M. LuVisi


Chapter 13

("Debtors") on July 21, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 23, 2020 [docket #27] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,226 commencing on August 21, 2020. The due date for each payment is the 21st day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $73,560. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:31 PM

    CONT...


    Michelle M. LuVisi


    Chapter 13

  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $0, counsel is entitled to payment of $5,000 from the estate at a rate no more than $500 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      2:31 PM

      CONT...


      Michelle M. LuVisi

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $5,655.91 at a rate no less than $94.27 per month for 60 months.


      2. The Trustee shall pay the secured claim of Mr. Cooper in the amount of $860.68 at a rate no less than $15.10 per month for 57 months.

        2:31 PM

        CONT...


        Michelle M. LuVisi


        Chapter 13


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any

      2:31 PM

      CONT...


      Michelle M. LuVisi


      Chapter 13

      contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,236.62 per month. (Creditor: Mr. Cooper).

      2:31 PM

      CONT...


      Michelle M. LuVisi

      All payments for the automobile loan for the 2015 Honda Civic in the


      Chapter 13

      approximate amount of $361.88 per month. (Creditor: American Honda Finance).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a

      2:31 PM

      CONT...


      Michelle M. LuVisi


      Chapter 13

      cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Michelle M. LuVisi Represented By Joselina L Medrano

2:31 PM

CONT...

Trustee(s):


Michelle M. LuVisi


Chapter 13

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14927


Michelle M. LuVisi


Chapter 13


#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Michelle M. LuVisi Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14939

Alma Rosa Amaya

Chapter 13

#37.00 Confirmation of Chapter 13 Plan

FROM: 9-16-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alma Rosa Amaya Represented By William J Smyth Stephen S Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14939


Alma Rosa Amaya


Chapter 13


#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alma Rosa Amaya Represented By William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14957


Rudy B Reyes


Chapter 13


#39.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 5

*** VACATED *** REASON: CASE DISMISSED 9-8-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rudy B Reyes Represented By Anthony Wilaras

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14957


Rudy B Reyes


Chapter 13


#40.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 0

*** VACATED *** REASON: CASE DISMISSED 9-8-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rudy B Reyes Represented By Anthony Wilaras

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14982


Theresa K. Rosenveldt


Chapter 13


#41.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Theresa K. Rosenveldt Represented By

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14982


Theresa K. Rosenveldt


Chapter 13


#42.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Theresa K. Rosenveldt Represented By

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14987


Gary Louis Spears and Carmencita Vivienne Spears


Chapter 13


#43.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Louis Spears Represented By Gary S Saunders

Joint Debtor(s):

Carmencita Vivienne Spears Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14987


Gary Louis Spears and Carmencita Vivienne Spears


Chapter 13


#44.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Louis Spears Represented By Gary S Saunders

Joint Debtor(s):

Carmencita Vivienne Spears Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14997


Joseph Maestas


Chapter 13


#45.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Maestas Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-14997


Joseph Maestas


Chapter 13


#46.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Maestas Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15033


Althaea Flicek


Chapter 13


#47.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Althaea Flicek Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15033


Althaea Flicek


Chapter 13


#48.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Althaea Flicek Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15034


Aaron Cameron Mooring and Shirley Mooring


Chapter 13


#49.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aaron Cameron Mooring Represented By Chris T Nguyen

Joint Debtor(s):

Shirley Mooring Represented By Chris T Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15034


Aaron Cameron Mooring and Shirley Mooring


Chapter 13


#50.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aaron Cameron Mooring Represented By Chris T Nguyen

Joint Debtor(s):

Shirley Mooring Represented By Chris T Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15038


Joel Ronquillo Ramos and Ashley Nicole Ramos


Chapter 13


#51.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 25, 2020, the Court entered a scheduling order [docket #21] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #50] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

2:31 PM

CONT...


Joel Ronquillo Ramos and Ashley Nicole Ramos


Chapter 13

("Debtors") on July 27, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 30, 2020 [docket #51] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,550 commencing on August 27, 2020. The due date for each payment is the 27th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $93,000. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:31 PM

    CONT...


    Joel Ronquillo Ramos and Ashley Nicole Ramos


    Chapter 13

  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,000, counsel is entitled to payment of $3,000 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      2:31 PM

      CONT...


      Joel Ronquillo Ramos and Ashley Nicole Ramos

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Mr. Cooper in the amount of $1,077.50 at a rate no less than $17.96 per month for 60 months.


      2. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.

        2:31 PM

        CONT...


        Joel Ronquillo Ramos and Ashley Nicole Ramos


        Chapter 13


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any

      2:31 PM

      CONT...


      Joel Ronquillo Ramos and Ashley Nicole Ramos


      Chapter 13

      contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,327.80 per month. (Creditor: Mr. Cooper).

      2:31 PM

      CONT...


      Joel Ronquillo Ramos and Ashley Nicole Ramos

      All payments for the automobile loan for the 2017 BMW 320i in the


      Chapter 13

      approximate amount of $688.04 per month. (Creditor: BMW Financial Services).


      All payments for the automobile loan for the 2015 Dodge Durango in the approximate amount of $636 per month. (Creditor: CAHP Credit Union).


      All payments for the timeshares in the approximate amount of $75 per month. (Creditor: Shell Vacations Club).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of

      2:31 PM

      CONT...


      Joel Ronquillo Ramos and Ashley Nicole Ramos


      Chapter 13

      the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first

2:31 PM

CONT...


Joel Ronquillo Ramos and Ashley Nicole Ramos


Chapter 13

default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Joel Ronquillo Ramos Represented By Dana Travis

Joint Debtor(s):

Ashley Nicole Ramos Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15038


Joel Ronquillo Ramos and Ashley Nicole Ramos


Chapter 13


#52.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Joel Ronquillo Ramos Represented By Dana Travis

Joint Debtor(s):

Ashley Nicole Ramos Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15039

Pedro Michael Samaro and Yolanda Silva Samaro

Chapter 13

#53.00 Confirmation of Chapter 13 Plan

FROM: 9-16-20

Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 25, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 23, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed an amended statement [docket #30] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this

2:31 PM

CONT...


Pedro Michael Samaro and Yolanda Silva Samaro


Chapter 13

bankruptcy case ("Debtors") on July 27, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 30, 2020 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $750 commencing on August 27, 2020. The due date for each payment is the 27th day of each month and the duration of the Plan is 50 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $37,500. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:31 PM

    CONT...


    Pedro Michael Samaro and Yolanda Silva Samaro


    Chapter 13

  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,400, counsel is entitled to payment of $3,600 from the estate at a rate no more than $360 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      2:31 PM

      CONT...


      Pedro Michael Samaro and Yolanda Silva Samaro

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $855 at a rate no less than $17.10 per month for 50 months.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish,

      2:31 PM

      CONT...


      Pedro Michael Samaro and Yolanda Silva Samaro


      Chapter 13

      bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions

      2:31 PM

      CONT...


      Pedro Michael Samaro and Yolanda Silva Samaro


      Chapter 13

      governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2016 Chevy Malibu in the approximate amount of $324 per month. (Creditor: Thinkwise Federal Credit Union).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor

      2:31 PM

      CONT...


      Pedro Michael Samaro and Yolanda Silva Samaro


      Chapter 13

      during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31,

      2:31 PM

      CONT...


      Pedro Michael Samaro and Yolanda Silva Samaro


      Chapter 13

      2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, all timeshares ("Abandoned Property") are hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co- debtor stay affecting the Abandoned Property or claims secured by the Abandoned

2:31 PM

CONT...


Pedro Michael Samaro and Yolanda Silva Samaro


Chapter 13

Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Pedro Michael Samaro Represented By Dana Travis

Joint Debtor(s):

Yolanda Silva Samaro Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15039


Pedro Michael Samaro and Yolanda Silva Samaro


Chapter 13


#54.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Pedro Michael Samaro Represented By Dana Travis

Joint Debtor(s):

Yolanda Silva Samaro Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15047

Sheila Renee Spence

Chapter 13

#55.00 Confirmation of Chapter 13 Plan

FROM: 9-16-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sheila Renee Spence Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15047


Sheila Renee Spence


Chapter 13


#56.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sheila Renee Spence Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15070


Karl Anthony Kunak


Chapter 13


#57.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 6

*** VACATED *** REASON: CASE DISMISSED 9-8-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Karl Anthony Kunak Represented By Aaron Lloyd

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15070


Karl Anthony Kunak


Chapter 13


#58.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-8-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Karl Anthony Kunak Represented By Aaron Lloyd

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15072


John Linares, Jr. and Yolanda Maria Linares


Chapter 13


#59.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 25, 2020, the Court entered a scheduling order [docket #21] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 2:30 p.m.


On December 22, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #31] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

2:31 PM

CONT...


John Linares, Jr. and Yolanda Maria Linares


Chapter 13

("Debtors") on July 28, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #32] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,275 commencing on August 28, 2020. The due date for each payment is the 28th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $76,500. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:31 PM

    CONT...


    John Linares, Jr. and Yolanda Maria Linares


    Chapter 13

  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $0, counsel is entitled to payment of $5,000 from the estate at a rate no more than $500 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      2:31 PM

      CONT...


      John Linares, Jr. and Yolanda Maria Linares

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $2,272.89 at a rate no less than $37.88 per month for 60 months.


      2. The Trustee shall pay the secured claim of Capital Community Bank c/o Loanmart in the amount of $8,480.52 at a rate no less than $158.10 per month for 60 months with interest at the rate of 4.5% per annum.

        2:31 PM

        CONT...


        John Linares, Jr. and Yolanda Maria Linares


        Chapter 13


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any

      2:31 PM

      CONT...


      John Linares, Jr. and Yolanda Maria Linares


      Chapter 13

      contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


    2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order.

      2:31 PM

      CONT...


      John Linares, Jr. and Yolanda Maria Linares


      Chapter 13

      Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


    4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

John Linares Jr. Represented By Joselina L Medrano

Joint Debtor(s):

Yolanda Maria Linares Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15072


John Linares, Jr. and Yolanda Maria Linares


Chapter 13


#60.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

John Linares Jr. Represented By Joselina L Medrano

Joint Debtor(s):

Yolanda Maria Linares Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15109

Tracy Ann Davis

Chapter 13

#61.00 Confirmation of Chapter 13 Plan

FROM: 9-16-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tracy Ann Davis Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15109


Tracy Ann Davis


Chapter 13


#62.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tracy Ann Davis Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15112


Victoria Yvonne Becerra


Chapter 13


#63.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Victoria Yvonne Becerra Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15112


Victoria Yvonne Becerra


Chapter 13


#64.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Victoria Yvonne Becerra Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15207


Gerald Lynn Pryor


Chapter 13


#65.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gerald Lynn Pryor Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15207


Gerald Lynn Pryor


Chapter 13


#66.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gerald Lynn Pryor Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15231


Ruben E. Moreno, Jr and Stephanie M. Moreno


Chapter 13


#67.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben E. Moreno Jr Represented By Christine A Kingston

Joint Debtor(s):

Stephanie M. Moreno Represented By Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

2:31 PM

6:20-15231


Ruben E. Moreno, Jr and Stephanie M. Moreno


Chapter 13


#68.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben E. Moreno Jr Represented By Christine A Kingston

Joint Debtor(s):

Stephanie M. Moreno Represented By Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15285


Henry John Citarella


Chapter 13


#69.00 Confirmation of Chapter 13 Plan


FROM: 9-23-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Henry John Citarella Represented By Christopher P Walker

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15285


Henry John Citarella


Chapter 13


#70.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Henry John Citarella Represented By Christopher P Walker

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15286


Stephen David Head and Tamara Janice Head


Chapter 13


#71.00 Confirmation of Chapter 13 Plan


FROM: 9-23-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 27, 2020, the Court entered a scheduling order [docket #20] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 3:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #32] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

3:30 PM

CONT...


Stephen David Head and Tamara Janice Head


Chapter 13

case ("Debtors") on August 26, 2020 [docket #18] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #33] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 3, 2020, the monthly plan payment is $1,625. Starting October 3, 2020, the monthly plan payment is $4,232.

    Starting January 3, 2022, the monthly plan payment is $4,601.


    The due date for each payment is the 3rd day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their

    3:30 PM

    CONT...


    Stephen David Head and Tamara Janice Head


    Chapter 13

    allowed claims. The Plan is confirmed as a base plan and the base plan amount is

    $267,549. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $6,000; having previously received $1,700, counsel is entitled to payment of $4,300 from the estate at a rate no more than $430 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).

      3:30 PM

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      Stephen David Head and Tamara Janice Head

      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $856.33 at a rate no less than $15.02 per month for 57 months.

        3:30 PM

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        Stephen David Head and Tamara Janice Head


        Chapter 13

      2. The Trustee shall pay the secured claim of Freedom Mortgage in the amount of $48,419.01 at a rate no less than $806.98 per month for 60 months.


      3. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      4. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and

      3:30 PM

      CONT...


      Stephen David Head and Tamara Janice Head


      Chapter 13

      timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and

      3:30 PM

      CONT...


      Stephen David Head and Tamara Janice Head


      Chapter 13

      shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the solar panels lease in the approximate amount of $187 per month. (Creditor: Tesla).


      All payments for the automobile loan for the 2015 Chevy Equinox in the approximate amount of $368.90 per month. (Creditor: Ally Financial).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $2,250.08 per month to the creditor Freedom Mortgage.

      The Trustee shall also commence paying the monthly homeowners association dues for the same property in October of 2020 in the approximate amount of $118 per month to the creditor First Service Residential. Until that time, the Debtors shall timely make the post-petition payments directly to both creditors.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in

      3:30 PM

      CONT...


      Stephen David Head and Tamara Janice Head


      Chapter 13

      advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct

      3:30 PM

      CONT...


      Stephen David Head and Tamara Janice Head


      Chapter 13

      Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Stephen David Head Represented By Paul Y Lee

Joint Debtor(s):

Tamara Janice Head Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15286


Stephen David Head and Tamara Janice Head


Chapter 13


#72.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Stephen David Head Represented By Paul Y Lee

Joint Debtor(s):

Tamara Janice Head Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15335

Donald W. Mosley and Angela Mosley

Chapter 13

#73.00 Confirmation of Chapter 13 Plan

FROM: 9-23-20


Docket 0


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 27, 2020, the Court entered a scheduling order [docket #22] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 3:30 p.m.


On December 22, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #41] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

3:30 PM

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Donald W. Mosley and Angela Mosley


Chapter 13

("Debtors") on August 6, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 23, 2020 [docket #42] agreeing with the Trustee’s terms in the Statement and the worksheet.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 6, 2020, the monthly plan payment is $677. Starting October 6, 2020, the monthly plan payment is $2,445. Starting January 6, 2021, the monthly plan payment is $2,505.


    The due date for each payment is the 6th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $148,292.

    3:30 PM

    CONT...


    Donald W. Mosley and Angela Mosley


    Chapter 13

    Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $0, counsel is entitled to payment of $5,000 from the estate at a rate no more than $85 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      3:30 PM

      CONT...


      Donald W. Mosley and Angela Mosley

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Specialized Loan Servicing in the amount of $31,006.44 at a rate no less than

        $516.77 per month for 60 months.


      2. The Trustee shall pay the secured claim of the Law Offices of

        3:30 PM

        CONT...


        Donald W. Mosley and Angela Mosley

        Clark Garen in the amount of $2,189 at a rate no less than


        Chapter 13

        $40.31 per month for 60 months with interest at the rate of 4% per annum.


      3. The Trustee shall pay the secured claim of Sherwood Management (Daniel’s Jewelers) in the amount of $2,718.40 at a rate no less than $50.06 per month for 60 months with interest at the rate of 4% per annum.


      4. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not

      3:30 PM

      CONT...


      Donald W. Mosley and Angela Mosley


      Chapter 13

      be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.

      3:30 PM

      CONT...


      Donald W. Mosley and Angela Mosley

    12. The last sentence of section II(A) of the Plan is hereby stricken and


      Chapter 13

      shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $1,566.20 per month to the creditor Specialized Loan Servicing. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor. Other than those few payments by the Debtors prior to October of 2020, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the period of time during which they are responsible for making Direct Payments.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling,

      3:30 PM

      CONT...


      Donald W. Mosley and Angela Mosley


      Chapter 13

      abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each

      3:30 PM

      CONT...


      Donald W. Mosley and Angela Mosley


      Chapter 13

      year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Donald W. Mosley Represented By Michael Smith

Joint Debtor(s):

Angela Mosley Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15335


Donald W. Mosley and Angela Mosley


Chapter 13


#74.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Donald W. Mosley Represented By Michael Smith

Joint Debtor(s):

Angela Mosley Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15346

Kevin E. Mitchell

Chapter 13

#75.00 Confirmation of Chapter 13 Plan

FROM: 9-23-20

Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On August 27, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 3:30 p.m.


On December 21, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #38] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

3:30 PM

CONT...


Kevin E. Mitchell


Chapter 13

case ("Debtors") on September 14, 2020 [docket #29] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on December 23, 2020 [docket #39] agreeing with the Trustee’s terms in the Statement and the worksheet.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 6, 2020, the monthly plan payment is $930. Starting October 6, 2020, the monthly plan payment is $3,900.


    The due date for each payment is the 6th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $231,030. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the

    3:30 PM

    CONT...


    Kevin E. Mitchell


    Chapter 13

    percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $0, counsel is entitled to payment of $5,000 from the estate at a rate no more than $85 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled

      3:30 PM

      CONT...


      Kevin E. Mitchell

      Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $7,003.35 at a rate no less than

        $116.72 per month for 60 months.


      2. The Trustee shall pay the secured claim of Shellpoint Mortgage in the amount of $49,496.26 at a rate no less than $824.94 per

        3:30 PM

        CONT...


        Kevin E. Mitchell

        month for 60 months.


        Chapter 13


      3. The Trustee shall pay the secured claim of Santander Consumer USA in the amount of $641.79 at a rate no less than $16.05 per month for 43 months with interest at the rate of 4% per annum.


      4. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $229.48 at a rate no less than $15.30 per month for fifteen months.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      6. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge

      3:30 PM

      CONT...


      Kevin E. Mitchell


      Chapter 13

      any debts are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as

      3:30 PM

      CONT...


      Kevin E. Mitchell


      Chapter 13

      an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2014 Kia Forte in the approximate amount of $337.39 per month. (Creditor: Capital One Auto Finance).


      All payments for the automobile loan for the 2015 Kia Forte in the approximate amount of $372.64 per month. (Creditor: Santander Consumer USA).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $2,209.45 per month to the creditor Shellpoint Mortgage. Likewise, the Trustee shall commence making the monthly payments for the junior mortgage for the same property in October of 2020 in the approximate amount of

      $290 per month to the creditor Citi. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to both creditors.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct

      3:30 PM

      CONT...


      Kevin E. Mitchell


      Chapter 13

      Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report

      3:30 PM

      CONT...


      Kevin E. Mitchell


      Chapter 13

      shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Kevin E. Mitchell Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15346


Kevin E. Mitchell


Chapter 13


#76.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Kevin E. Mitchell Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15347

James Birdsong

Chapter 13

#77.00 Confirmation of Chapter 13 Plan

FROM: 9-23-20


Docket 0

*** VACATED *** REASON: CASE DISMISSED 1-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Birdsong Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-15347


James Birdsong


Chapter 13


#78.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 1-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Birdsong Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15496


Maricela Hurtado


Chapter 13


#79.00 Confirmation of Chapter 13 Plan


FROM: 10-7-20


Docket 0

*** VACATED *** REASON: CASE DISMISSED 10-5-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maricela Hurtado Represented By

David A Akintimoye

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15496


Maricela Hurtado


Chapter 13


#80.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-5-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maricela Hurtado Represented By

David A Akintimoye

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15570


Steven Edward Bier and Samantha Elizabeth Bier


Chapter 13


#81.00 Confirmation Hearing

RE: [1] Chapter 13 Voluntary Petition Individual . Samantha Elizabeth Bier (Korompis, Nancy)


FROM: 10-7-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-5-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Edward Bier Represented By Nancy Korompis

Joint Debtor(s):

Samantha Elizabeth Bier Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15570


Steven Edward Bier and Samantha Elizabeth Bier


Chapter 13


#82.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-5-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Edward Bier Represented By Nancy Korompis

Joint Debtor(s):

Samantha Elizabeth Bier Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15615


Thanh V Nguyen and Veronica Prado


Chapter 13


#83.00 Confirmation of Chapter 13 Plan


FROM: 10-7-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thanh V Nguyen Represented By Daniel King

Joint Debtor(s):

Veronica Prado Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15615


Thanh V Nguyen and Veronica Prado


Chapter 13


#84.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thanh V Nguyen Represented By Daniel King

Joint Debtor(s):

Veronica Prado Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15623


Marcio A. Kubaski


Chapter 13


#85.00 Confirmation of Chapter 13 Plan


FROM: 10-7-20


Docket 1


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On September 4, 2020, the Court entered a scheduling order [docket #17] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 3:30 p.m.


On December 23, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #29] ("Statement") recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case

3:31 PM

CONT...


Marcio A. Kubaski


Chapter 13

("Debtors") on August 19, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #30] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 19, 2020, the monthly plan payment is $890. Starting January 19, 2021, the monthly plan payment is $1,084.


    The due date for each payment is the 19th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is

    3:31 PM

    CONT...


    Marcio A. Kubaski


    Chapter 13

    $64,264. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $6,000; having previously received $2,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $400 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      3:31 PM

      CONT...


      Marcio A. Kubaski

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Golden 1 Credit Union in the amount of $619.65 at a rate no less than $207.93 per month for three months with interest at the rate of 4% per annum.

        3:31 PM

        CONT...


        Marcio A. Kubaski

      2. The Trustee shall pay the secured claim of Select Portfolio Servicing in the amount of $3,488.02 at a rate no less than

        $58.13 per month for 60 months.


      3. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


        Chapter 13


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          3:31 PM

          CONT...


          Marcio A. Kubaski


          Chapter 13

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters

        3:31 PM

        CONT...


        Marcio A. Kubaski


        Chapter 13

        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,197.46 per month. (Creditor: Select Portfolio Servicing).


          All payments for the automobile loan for the 2017 Ford Edge in the approximate amount of $619.65 per month. (Creditor: Golden 1 Credit Union).


          All payments for JT Windshield Repair in the approximate amount of $1,000 per month. (Creditor: John Tochtrop).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the

          3:31 PM

          CONT...


          Marcio A. Kubaski


          Chapter 13

          confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, the Debtors shall file and serve a cumulative report regarding Direct Payments. Between January 1st and 31st of each year, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to the preceding December 31st. So, for example, between January 1, 2021 and January 31, 2021, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2020. Then, between January 1, 2022 and January 31, 2022, the Debtors shall file a report regarding all Direct Payments required from the petition date to December 31, 2021. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the

3:31 PM

CONT...


Marcio A. Kubaski


Chapter 13

Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Marcio A. Kubaski Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15623


Marcio A. Kubaski


Chapter 13


#86.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Marcio A. Kubaski Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15651

Aurea Elisa Bolt

Chapter 13

#87.00 Confirmation of Chapter 13 Plan

FROM: 10-7-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurea Elisa Bolt Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15651


Aurea Elisa Bolt


Chapter 13


#88.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurea Elisa Bolt Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15661


Jose Jesus Nungaray


Chapter 13


#89.00 Confirmation of Chapter 13 Plan


FROM: 10-7-20


Docket 1


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On September 4, 2020, the Court entered a scheduling order [docket #16] ("Order") in this case continuing various hearings due to the closing of the courthouse during the coronavirus pandemic. As set forth in that Order, the confirmation hearing and the status conference in this case are currently set for January 11, 2021 at 3:30 p.m.


On December 23, 2020, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #33] ("Statement") recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy

3:31 PM

CONT...


Jose Jesus Nungaray


Chapter 13

case ("Debtors") on November 19, 2020 [docket #28] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 4, 2021 [docket #34] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On January 11, 2021, the Court held the confirmation hearing and the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee consented to the terms on the record. Normally, the Court would have provided a draft of this order to all parties at the hearing (in the courtroom in-person) but, given that the courthouse is currently closed, no in-person hearing in the courtroom was possible.


Therefore, prior to the hearing, the Court posted this form of order as a tentative ruling. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on January 11, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Accordingly, the Court finds that the Plan meets the requirements of 11 U.S.C.

§ 1325 and ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 20, 2020, the monthly plan payment is $319. Starting January 20, 2021, the monthly plan payment is $329.


    The due date for each payment is the 20th day of each month and the duration of the Plan is 60 months. General unsecured claims shall be paid 10% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is

    3:31 PM

    CONT...


    Jose Jesus Nungaray


    Chapter 13

    $19,700. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $75 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying any and all domestic support obligations, trustee’s fees and secured obligations (including, but not limited to, conduit and non-conduit secured obligations).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      3:31 PM

      CONT...


      Jose Jesus Nungaray

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or, if different, in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turnover all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $1,277.50 at a rate no less than $21.29 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Franchise Tax

        3:31 PM

        CONT...


        Jose Jesus Nungaray

        Board in the amount of $345.70 at a rate no less than $15.03 per month for 23 months.


        Chapter 13


      3. The Trustee shall pay the secured claim of Ally Financial in the amount of $9,750 at a rate no less than $183.99 per month for 60 months with interest at the rate of 5% per annum.


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          3:31 PM

          CONT...


          Jose Jesus Nungaray


          Chapter 13

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters

3:31 PM

CONT...


Jose Jesus Nungaray

  1. As discussed on the record, this case does not involve any direct


    Chapter 13

    payments by the Debtors to any creditors.


  2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


  3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


  4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Jose Jesus Nungaray Represented By

L. Tegan Rodkey

3:31 PM

CONT...

Trustee(s):


Jose Jesus Nungaray


Chapter 13

Rod Danielson (TR) Pro Se

3:31 PM

6:20-15661


Jose Jesus Nungaray


Chapter 13


#90.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Jose Jesus Nungaray Represented By

L. Tegan Rodkey

Trustee(s):

Rod Danielson (TR) Pro Se

4:00 PM

6:18-14772

David Wayne Hillyer and Kathleen Annette Clelland

Chapter 13

#91.00 Confirmation of Chapter 13 Plan

FROM: 7-31-19, 10-4-19, 1-17-20, 2-21-20, 9-8-20

Docket 79

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 8-16-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Wayne Hillyer Represented By Douglas A Plazak

Joint Debtor(s):

Kathleen Annette Clelland Represented By Douglas A Plazak

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-10633


Hyun Joo Thompson


Chapter 13


#92.00 Confirmation of Chapter 13 Plan


FROM: 3-25-20, 6-26-20, 9-24-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 8-16-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hyun Joo Thompson Represented By Krystina T Tran

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-10633


Hyun Joo Thompson


Chapter 13


#93.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 6-26-20, 9-24-20


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 8-16-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hyun Joo Thompson Represented By Krystina T Tran

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:16-13847


Kevin Chae Kim and Amy Mi Kim


Chapter 7


#1.00 Hrg re trustee's final report and applications for compensation


Docket 127

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee and his professionals for their efforts in the case and for taking steps to ensure that not all available funds were used for administrative expenses. Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $1,824.64 and expenses of $300.13.


  2. Levene, Neale, Bender, Yoo & Brill LLP: fees of $7,874.30 and expenses of $724.94.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").



Party Information

Debtor(s):

Kevin Chae Kim Represented By

1:00 PM

CONT...


Kevin Chae Kim and Amy Mi Kim


David S Lee Michael D Franco


Chapter 7

Joint Debtor(s):

Amy Mi Kim Represented By

Michael D Franco

Trustee(s):

Larry D Simons (TR) Represented By Juliet Y Oh Carmela Pagay

1:00 PM

6:16-20735


Barbara Jean Sleigh


Chapter 7


#2.00 Hrg re objection to claim number 11 filed by JP Morgan Chase Bank


Docket 74

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 1-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Barbara Jean Sleigh Represented By Robert L Firth

Trustee(s):

Robert Whitmore (TR) Pro Se

1:00 PM

6:18-12716


Maria Lourdes Millan


Chapter 7


#3.00 Hrg re trustee's final report and applications for compensation



Docket 0


Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for his efforts in this case. The results are impressive. The trustee recovered sufficient funds to pay all creditors in full and achieved this result by minimizing administrative expenses. Well done!


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $3,750 and expenses of $199.09.


  2. Donald Fife: fees of $1,000.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Maria Lourdes Millan Represented By

Robert Jeffrey Gerber

1:00 PM

CONT...

Trustee(s):


Maria Lourdes Millan


Chapter 7

Arturo Cisneros (TR) Represented By Karen S. Naylor

1:30 PM

6:17-17472


Aguina Aguina


Chapter 7


#4.00 Hrg re objection to stipulation between debtor and trustee regarding trustee's intention to abandon property of the estate


FROM: 11-17-20


Docket 232

*** VACATED *** REASON: ORDER ENTERED 1-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aguina Aguina Represented By

W. Derek May

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:30 PM

6:17-17472


Aguina Aguina


Chapter 7


#5.00 Hrg re motion for turnover of confidential information to debtor FROM: 12-1-20


Docket 243

*** VACATED *** REASON: ORDER ENTERED 1-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aguina Aguina Represented By

W. Derek May

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:30 PM

6:17-17472


Aguina Aguina


Chapter 7


#6.00 Hrg re motion objecting to amended exemptions FROM: 12-1-20


Docket 238

*** VACATED *** REASON: ORDER DENYING ENTERED 1-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aguina Aguina Represented By

W. Derek May

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#7.00 Hrg re chapter 11 status conference


FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 4-20-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#8.00 Hrg re application for payment of interim fees and or expenses FROM: 8-4-20, 10-6-20


Docket 166

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 4-20-21 AT 1:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-11234

Dani Transport Service, Inc.

Chapter 11

#9.00 Hrg re motion requesting the court fix dates in a subchapter V case in which there is no disclosure statement

FROM: 5-12-20, 6-23-20, 8-4-20, 10-6-20


Docket 82

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 4-20-21 AT 1:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-11234

Dani Transport Service, Inc.

Chapter 11

#10.00 Hrg re motion to approve debtor's disclosure statement FROM: 8-4-20, 10-6-20

Docket 144

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-8-21; CONT'D TO 4-20-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#11.00 Hrg re motion for order authorizing continued use of cash collateral


Docket 235


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

1:45 PM

6:20-17503


Pro Installs Appliance Installations, Inc.


Chapter 11


#12.00 Hrg re motion for order authorizing debtor in possession to: (1) Pay pre-petition payroll and (2) Pre-petition payroll taxes


FROM: 11-30-20, 12-8-20


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pro Installs Appliance Installations, Represented By

Michael Jay Berger

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-13006


Bar Piatto, LLC


Chapter 7


#13.00 Hrg re motion by United States Trustee to dismiss bankruptcy case, convert, or appoint chapter 11 trustee


Docket 57

*** VACATED *** REASON: CASE CONVERTED 1-11-21 TO CHAPTER 7

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Bar Piatto, LLC Represented By

Thomas C Corcovelos

Movant(s):

United States Trustee (RS) Represented By Everett L Green

Abram Feuerstein esq Cameron C Ridley

2:00 PM

6:20-14795


Virginia Lynn Rodriguez


Chapter 13


#14.00 Hrg re motion for order compelling attorney to file disclosure of compensation


Docket 31


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Virginia Lynn Rodriguez Represented By Anthony P Cara

2:00 PM

CONT...

Trustee(s):


Virginia Lynn Rodriguez


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17551


CNC Puma Corporation


Chapter 11


#15.00 Hrg re cash collateral motion FROM: 11-30-20, 12-2-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CNC Puma Corporation Represented By

J. Luke Hendrix

Trustee(s):

Arturo Cisneros (TR) Pro Se

3:30 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#16.00 Hrg re status conference FROM: 11-17-20

Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-12- 21; CONT'D TO 3-23-1 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden

3:30 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#16.01 Hrg re motion for contempt for willfully violating an order of the court entered on 3-12-18


FROM: 9-1-20, 10-6-20, 11-17-20


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-12- 21; CONT'D TO 3-23-1 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele

4:00 PM

6:17-10732


Robert Carlucci and Jacquelyn Carlucci


Chapter 7


#17.00 Hrg re chapter 7 trustee's first interim fee application for the period of January 20, 2017 to October 19, 2020


FROM 11-17-20


Docket 162


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Carlucci Represented By Todd L Turoci

Joint Debtor(s):

Jacquelyn Carlucci Represented By Todd L Turoci

Trustee(s):

Larry D Simons (TR) Represented By Nancy H Zamora

Zamora & Hoffmeier APC

4:00 PM

6:17-10732


Robert Carlucci and Jacquelyn Carlucci


Chapter 7


#18.00 Hrg re application of Zamora & Hoffmeier trustee's counsel for approval of compensation and reimbursement


FROM: 11-17-20


Docket 164


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Carlucci Represented By Todd L Turoci

Joint Debtor(s):

Jacquelyn Carlucci Represented By Todd L Turoci

Trustee(s):

Larry D Simons (TR) Represented By Nancy H Zamora

Zamora & Hoffmeier APC

4:00 PM

6:17-10732


Robert Carlucci and Jacquelyn Carlucci


Chapter 7


#19.00 Hrg re trustee's motion for order approving compromise and distributions FROM: 12-17-19, 2-25-20, 3-24-20, 7-21-20, 9-11-20, 11-17-20


Docket 90

Tentative Ruling:

Party Information

Debtor(s):

Robert Carlucci Represented By Todd L Turoci

Joint Debtor(s):

Jacquelyn Carlucci Represented By Todd L Turoci

Movant(s):

Larry D Simons (TR) Represented By Nancy H Zamora

Zamora & Hoffmeier APC

Trustee(s):

Larry D Simons (TR) Represented By Nancy H Zamora

Zamora & Hoffmeier APC

4:00 PM

6:17-10732


Robert Carlucci and Jacquelyn Carlucci


Chapter 7


#20.00 Hrg re application for payments of final fees and or expenses for Bob B. Khakshooy


Docket 192


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Carlucci Represented By Todd L Turoci

Joint Debtor(s):

Jacquelyn Carlucci Represented By Todd L Turoci

Trustee(s):

Larry D Simons (TR) Represented By Nancy H Zamora

Zamora & Hoffmeier APC

1:30 PM

6:20-14915


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 30

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Valdovinos Represented By Sundee M Teeple

Joint Debtor(s):

Geovanna A. Valdovinos Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17688


Leticia Cisneros


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17705


Nemesis Gissel Ortiz Mcqueen


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17772


Charles A. Runge and Irma E. Runge


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles A. Runge Represented By Gary S Saunders

Joint Debtor(s):

Irma E. Runge Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17784


D'Aniel Anthony Causey


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

D'Aniel Anthony Causey Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17806


Mark Alan Roybal


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Alan Roybal Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17817


Johnny Lam Nguyen


Chapter 13


#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Johnny Lam Nguyen Represented By Rex Tran

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-17718


Alejandro Gonzalez and Julia Elizabeth Gonzales


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 64

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 12-24-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alejandro Gonzalez Represented By Keith Q Nguyen

Joint Debtor(s):

Julia Elizabeth Gonzales Represented By Keith Q Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:14-13161


Martha Campa


Chapter 13


#8.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 153

*** VACATED *** REASON: SCHEDULNG ORDER ENTERED 1-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martha Campa Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17481


Amy Lynn Goldenberg


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-4- 20; CONT'D TO 4-12-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Amy Lynn Goldenberg Represented By Sara E Razavi

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17509


Aaron Joseph Loft


Chapter 13


#10.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-2-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aaron Joseph Loft Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17514


Sonya Yvonne Wright


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-4- 20; CONT'D TO 4-12-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonya Yvonne Wright Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17667


Ronald Jesse Jimenez, Sr. and Melanie Gaye Jimenez


Chapter 13


#12.00 Confirmation of Chapter 13 Plan


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-4- 20; CONT'D TO 4-12-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Jesse Jimenez Sr. Represented By Melissa A Raskey

Joint Debtor(s):

Melanie Gaye Jimenez Represented By Melissa A Raskey

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17677


Yadira Sandra Santa Maria


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


Docket 5

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-4- 20; CONT'D TO 4-12-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yadira Sandra Santa Maria Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:18-15790


Corey Frausto


Chapter 13


#14.00 Motion for relief from stay


TOYOTA LEASE TRUST VS DEBTOR


Property: 2017 Toyota RAV4

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 44

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-12- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Corey Frausto Represented By Amanda G Billyard Andy C Warshaw

Movant(s):

Toyota Lease Trust, as serviced by Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-13503


Gena Rae Munoz


Chapter 13


#15.00 Motion for relief from stay


TOYOTA MOTOR CREDIT VS DEBTOR


Property: 2018 Toyota Corolla

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 33

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-12- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gena Rae Munoz Represented By Natalie A Alvarado

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17864


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:15-18214


Anibal W Diaz Aguilar and Patricia R Diaz


Chapter 13


#17.00 Hrg re status conference regarding application of discharge


Docket 19


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anibal W Diaz Aguilar Represented By Vincent B Garcia

Joint Debtor(s):

Patricia R Diaz Represented By Vincent B Garcia

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:16-17515


Eliseo C Oliva and Ortentia Diana Oliva


Chapter 13


#18.00 Hrg re status conference regarding application of discharge


CASE DISCHARGE 12-15-20


Docket 1

Tentative Ruling:

Final Ruling. The Court has reviewed the new applications for entry of discharge filed in this case. Based on that review, the court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtors have any concerns, questions or objections regarding these matters or anything else regarding this case that the debtors wish to address, the debtors or counsel for the debtors are welcome to appear at the status conference. Likewise, if the debtors or counsel for the debtors wish to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Eliseo C Oliva Represented By William J Howell

Joint Debtor(s):

Ortentia Diana Oliva Represented By William J Howell

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:17-12363

Bertha Cortez

Chapter 13

#19.00 Hrg re status conference regarding application of discharge

CASE DISCHARGE 1-12-21

Docket 1

Tentative Ruling:

Final Ruling. The Court has reviewed the new application for entry of discharge filed in this case. Based on that review, the court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtor has any concerns, questions or objections regarding these matters or anything else regarding this case that the debtor wishes to address, the debtor or counsel for the debtor is welcome to appear at the status conference. Likewise, if the debtor or counsel for the debtor wishes to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Bertha Cortez Represented By Edward A Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

3:15 PM

6:15-13848

Jose Paz Carrillo and Marisela Carrillo

Chapter 13

#20.00 Hrg re status conference regarding application of discharge FROM: 11-18-20

CASE DISCHARGE 1-12-21

Docket 10

Tentative Ruling:

Final Ruling. The Court has reviewed the new applications for entry of discharge filed in this case. Based on that review, the court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtors have any concerns, questions or objections regarding these matters or anything else regarding this case that the debtors wish to address, the debtors or counsel for the debtors are welcome to appear at the status conference. Likewise, if the debtors or counsel for the debtors wish to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Jose Paz Carrillo Represented By David R Chase

Joint Debtor(s):

Marisela Carrillo Represented By David R Chase

3:15 PM

CONT...

Trustee(s):


Jose Paz Carrillo and Marisela Carrillo


Chapter 13

Rod Danielson (TR) Pro Se

3:15 PM

6:16-10901


Elena Ibarra Velasco


Chapter 13


#21.00 Hrg re status conference regarding application of discharge FROM: 11-18-20

CASE DISCHARGE 1-12-21


Docket 1

Tentative Ruling:

Final Ruling. The Court has reviewed the new application for entry of discharge filed in this case. Based on that review, the court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtor has any concerns, questions or objections regarding these matters or anything else regarding this case that the debtor wishes to address, the debtor or counsel for the debtor is welcome to appear at the status conference. Likewise, if the debtor or counsel for the debtor wishes to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Elena Ibarra Velasco Represented By Yelena Gurevich

Trustee(s):

Rod Danielson (TR) Pro Se

3:15 PM

6:17-17743

Kyle Christopher Core

Chapter 13

#22.00 Hrg re status conference regarding application of discharge FROM: 11-18-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-12- 21; CONT'D TO 4-21-21 AT 3:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kyle Christopher Core Represented By Mona V Patel

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:16-14711


Eugenio Hernandez and Carmen Hernandez


Chapter 13


#23.00 Status conference regarding post-confirmation default


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eugenio Hernandez Represented By Sunita N Sood

Joint Debtor(s):

Carmen Hernandez Represented By Sunita N Sood

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:17-16571


Jerry Allen Holland


Chapter 7


#24.00 Status conference regarding post-confirmation default


Docket 0

*** VACATED *** REASON: CASE CONVERTED 1-8-21 TO CHAPTER 7

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jerry Allen Holland Represented By Brad Weil

Trustee(s):

Arturo Cisneros (TR) Pro Se

4:00 PM

6:17-10165


Shelia Maria Taylor


Chapter 13


#25.00 Hrg re motion for authority to refinance real property [Property: 545 W. Rosewood, Street, Rialto, CA 92376]

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shelia Maria Taylor Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

4:00 PM

6:17-15746


Romeo Abelita Apelo


Chapter 13


#26.00 Hrg re status conference


FROM: 7-22-20, 9-23-20, 10-7-20, 12-9-20


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Romeo Abelita Apelo Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:19-11638


Sandra Lucia Chavarria Lopez


Chapter 13


#27.00 Hrg re application for payment of interim fees and or expenses FROM: 12-30-20

Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sandra Lucia Chavarria Lopez Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:20-15636


JASON WILLIAM STULTS and BRANDI RHIANNON


Chapter 7


#1.00 Hrg re reaffirmation agreement filed 11-12-20 between Debtor and Logix Federal Credit Union in the amount of 5390.33


RE: 2012 Ford Mustang


Docket 12

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATION AGREEMENT ENTERED 1-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

JASON WILLIAM STULTS Represented By Brian J Soo-Hoo

Joint Debtor(s):

BRANDI RHIANNON STULTS Represented By

Brian J Soo-Hoo

Trustee(s):

Todd A. Frealy (TR) Pro Se

8:30 AM

6:20-16060


Atoshaa Marie Turner


Chapter 7


#2.00 Hrg re reaffirmation agreement filed 11-18-20 between Debtor and Hyundai Capital America DBA Kia Motors Finance in the amount of $1,631.15


RE: 2015 Kia Optima


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER CONT ENTERED 1-13-20; CONT'D TO 2-11-21 AT 8:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Atoshaa Marie Turner Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

8:30 AM

6:20-16078


Cory L. Roland and Karen A Roland


Chapter 7


#3.00 Hrg re reaffirmation agreement filed 12-7-20 between Debtor and Santander Consumer USA in the amount of $30,914.45


RE: 16 Toyota Sienna


Docket 19

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21; CONT'D TO 3-11-21 AT 9:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cory L. Roland Represented By Michael Smith

Joint Debtor(s):

Karen A Roland Represented By Michael Smith

Trustee(s):

Larry D Simons (TR) Pro Se

8:30 AM

6:20-16078


Cory L. Roland and Karen A Roland


Chapter 7


#4.00 Hrg re reaffirmation agreement filed 11-18-20 between Debtor and Ally Bank in the amount of $26,669.04


RE: 2018 Lexus NX 300


Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21; CONT'D TO 3-11-21 AT 9:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cory L. Roland Represented By Michael Smith

Joint Debtor(s):

Karen A Roland Represented By Michael Smith

Trustee(s):

Larry D Simons (TR) Pro Se

8:30 AM

6:20-16442


Mike Luis Vega


Chapter 7


#5.00 Hrg re reaffirmation agreement filed 11-29-20 between Debtor and U.S. Bank National Association in the amount of $40,465.95


RE: 2018 Chevrolet Truck Silverado 1500


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER CONT ENTERED 1-13-20; CONT'D TO 2-11-21 AT 8:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike Luis Vega Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

8:30 AM

6:20-16785


Maria Patricia Vidal


Chapter 7


#6.00 Hrg re reaffirmation agreement filed 11-16-20 between Debtor and Ally Bank in the amount of $20,981.34


RE: 2017 Mercedes-Benz C-Class


Docket 9

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATION ENTERED 1-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Patricia Vidal Represented By Omar Zambrano

Trustee(s):

Larry D Simons (TR) Pro Se

8:30 AM

6:20-16887


Eunice S Flores


Chapter 7


#7.00 Hrg re reaffirmation agreement filed 12-16-20 between Debtor and Alaska USA Federal Credit Union in the amount of $10,755.66


RE: 2017 Ford Mustang


Docket 14

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATION ENTERED 1-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eunice S Flores Represented By Jose Cervantes

Trustee(s):

Lynda T. Bui (TR) Pro Se

8:30 AM

6:20-16890


Matthew Michael Bomengen


Chapter 7


#8.00 Hrg re reaffirmation agreement filed 12-9-20 between Debtor and Bank of America, N.A. in the amount of $19,893.59


RE: 2018 Honda Accord Sedan #3147


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER CONT ENTERED 1-13-20; CONT'D TO 2-11-21 AT 8:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Matthew Michael Bomengen Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

8:30 AM

6:20-17448


Alan Justus Mash


Chapter 7


#9.00 Hrg re reaffirmation agreement filed 12-18-20 between Debtor and Bank of the West in the amount of $41,002.35


RE: 2017 Jayco North TT


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER CONT ENTERED 1-13-20; CONT'D TO 2-11-21 AT 8:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alan Justus Mash Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

9:30 AM

6:20-15215


Richard Cole, Jr.


Chapter 7


#10.00 Hrg re reaffirmation agreement filed 9-4-20 between Debtor and Ford Motor Credit Company LLC in the amount of $15,452.40


RE: 2015 Ford Edge FROM: 11-4-20, 12-3-20


Docket 11

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATION ENTERED 1-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Cole Jr. Represented By Terrence Fantauzzi

Trustee(s):

Charles W Daff (TR) Pro Se

9:30 AM

6:20-16164


Marco Alberto Andrade


Chapter 7


#11.00 Hrg re reaffirmation agreement filed 10-30-20 between Debtor and Hyundai Capital America in the amount of $20,716.69


RE: 2018 Hyundai Ioniq Hybird FROM: 12-3-20


Docket 10

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMAITON ENTERED 1-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco Alberto Andrade Represented By Daniel King

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:20-17381


Sienna Kaylee Smith


Chapter 7


#12.00 Motion for relief from stay


AMERICAN HONDA FINANCE VS DEBTOR


Property: 2018 Honda Civic

[Personal Prop] Vincent V. Frounjian, attorney/movant


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sienna Kaylee Smith Represented By Aaron Lloyd

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Karl T Anderson (TR) Pro Se

10:15 AM

6:17-10151


Kevin Neri


Chapter 7


#13.00 Motion for relief from stay


U.S. BANK VS DEBTOR


Property: 555 Indian Trial, Palm Springs, CA 92264 [Real Prop] Sean C. Ferry, attorney/movant


FROM: 11-4-20, 12-9-20


Docket 131

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 12-18-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kevin Neri Represented By

Christopher Hewitt

Movant(s):

U.S Bank N.A. Represented By April Harriott Sean C Ferry

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

10:30 AM

6:15-14612


Reinier Santos Dela Cruz


Chapter 13

Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success


#14.00 Status conference re: Complaint to avoid junior lien on principal residence [Property: 574 Highland Court, Upland, CA 91786]

Docket 1

Tentative Ruling:

Counsel should review the proofs of service for the complaint, summons and motion for default judgment. It appears that defendant Wilmington Trust was not served at the correct zipcode.

Party Information

Debtor(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Defendant(s):

Wilmington Trust, National Pro Se

Joint Debtor(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Plaintiff(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-10170


Juvenal Mora


Chapter 7

Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al


#15.00 Status conference re: Avoidance, Recovery, and Preservation of: (1) Intentional fraudulent transfer; (2) Constructive fraudulent transfer; (3) Intentional fraudulent transfer; and (4) Constructive fraudulent transfer


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juvenal Mora Represented By

James D. Hornbuckle

Defendant(s):

Brandon Gordon Pro Se

Monica Gordon Pro Se

Maria Acosta Pro Se

Michael Mora Pro Se

David Beas Pro Se

Joint Debtor(s):

Rosario M. Mora Represented By

James D. Hornbuckle

Plaintiff(s):

A. Cisneros (TR) Represented By Claudia Coleman Tinho Mang

D Edward Hays

10:30 AM

CONT...

Trustee(s):


Juvenal Mora


Chapter 7

Arturo Cisneros (TR) Represented By

D Edward Hays Tinho Mang

10:30 AM

6:20-11457


David Allen Cramer


Chapter 7

Adv#: 6:20-01172 Lake v. Cramer


#16.00 Status conference re: Complaint for revocation of debtor's discharge


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Allen Cramer Represented By Michael A Cisneros

Defendant(s):

David Allen Cramer Pro Se

Plaintiff(s):

Peter Lake Represented By

Thomas J Polis

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:20-13919


Donald Ray Paulson


Chapter 7

Adv#: 6:20-01155 Saunders et al v. Paulson


#17.00 Status conference re: Complaint to determine dischargeability of debt FROM: S/C 12-3-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Ray Paulson Represented By Ronald W Ask

Defendant(s):

Donald Ray Paulson Pro Se

Plaintiff(s):

Dawn Saunders Represented By Paul Y Lee

George Saunders Represented By Paul Y Lee

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

11:00 AM

6:20-13919


Donald Ray Paulson


Chapter 7

Adv#: 6:20-01155 Saunders et al v. Paulson


#17.01 Hrg re order to show cause regarding why this adversary proceeding should not be dismissed


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Ray Paulson Represented By Ronald W Ask

Defendant(s):

Donald Ray Paulson Pro Se

Plaintiff(s):

Dawn Saunders Represented By Raul B Garcia

George Saunders Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Garcia Reed & Ramirez LLP

11:00 AM

6:20-13919


Donald Ray Paulson


Chapter 7

Adv#: 6:20-01154 Knobloch v. Paulson


#18.00 Status conference re: Compliant to determine dischargeability of debt FROM: S/C 12-3-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Ray Paulson Represented By Ronald W Ask

Defendant(s):

Donald Ray Paulson Pro Se

Plaintiff(s):

Joseph Knobloch Represented By Paul Y Lee

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

11:00 AM

6:20-13919


Donald Ray Paulson


Chapter 7

Adv#: 6:20-01154 Knobloch v. Paulson


#18.01 Hrg re order to show cause regarding why this adversary proceeding should not be dismissed


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Ray Paulson Represented By Ronald W Ask

Defendant(s):

Donald Ray Paulson Pro Se

Plaintiff(s):

Joseph Knobloch Represented By Raul B Garcia

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Garcia Reed & Ramirez LLP

11:00 AM

6:20-14390


Long Hung Ha


Chapter 7

Adv#: 6:20-01143 Moon v. Ha


#19.00 Status conference re: Complaint objecting and seeking exception to discharge of debtor


FROM: S/C 12-3-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Long Hung Ha Represented By Leslie A Cohen

Defendant(s):

Long Hung Ha Represented By Andrew S Cho

Plaintiff(s):

Jeong Moon Represented By

Christine Ham Andrew S Cho

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe

11:00 AM

6:20-14390


Long Hung Ha


Chapter 7

Adv#: 6:20-01143 Moon v. Ha


#20.00 Hrg re order to show cause regarding why the answer of the defendant should not be stricken and judgment entered in favor of the plaintiff


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Long Hung Ha Represented By Leslie A Cohen

Defendant(s):

Long Hung Ha Represented By Andrew S Cho

Plaintiff(s):

Jeong Moon Represented By

Christine Ham Andrew S Cho

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe

1:30 PM

6:11-38187


Mike Joseph Tagliavia


Chapter 7

Adv#: 6:20-01117 Tagliavia v. Walsh et al


#21.00 Order to show cause regarding why this adversary proceeding should not be dismissed


FROM: 10-8-20, 12-10-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mike Joseph Tagliavia Represented By Walter Scott Stephen R Wade

Defendant(s):

Mark D. Walsh Pro Se

Equable Ascent Financial LLC Pro Se

Joint Debtor(s):

Tiffany Jane Tagliavia Represented By Walter Scott Stephen R Wade

Plaintiff(s):

Mike Joseph Tagliavia Represented By Stephen R Wade

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:11-38187


Mike Joseph Tagliavia


Chapter 7

Adv#: 6:20-01117 Tagliavia v. Walsh et al


#22.00 Status conference re: Complaint for violation of the automatic stay; Removal of abstract of judgment and damages


FROM: S/C 9-3-20, 10-8-20, 12-10-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mike Joseph Tagliavia Represented By Walter Scott Stephen R Wade

Defendant(s):

Mark D. Walsh Pro Se

Equable Ascent Financial LLC Pro Se

Joint Debtor(s):

Tiffany Jane Tagliavia Represented By Walter Scott Stephen R Wade

Plaintiff(s):

Mike Joseph Tagliavia Represented By Stephen R Wade

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:15-14612


Reinier Santos Dela Cruz


Chapter 13

Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success


#23.00 Hrg re motion for default judgment


Docket 12

Tentative Ruling:

Counsel should review the proofs of service for the complaint, summons and motion for default judgment. It appears that defendant Wilmington Trust was not served at the correct zipcode.

Party Information

Debtor(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Defendant(s):

Wilmington Trust, National Pro Se

Joint Debtor(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Plaintiff(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

CONT...


Reinier Santos Dela Cruz


Chapter 13

1:30 PM

6:15-18688


Manuel Moreno


Chapter 13

Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC


#24.00 Hrg re motion for default judgment


Docket 8


Tentative Ruling:

The tentative ruling of the court is to deny the motion due to insufficient service. The motion seeks to avoid a lien but, according to the proof of service, the motion was not served upon any officer of the lienholder (or any other individual). Pursuant to F.R.B.P. 7004(b)(3) and 7004(h), a moving party must serve the appropriate named officer of the lienholder. Service that is not upon an officer is void. Beneficial Cal., Inc. v. Villar (In re Villar), 317 B.R. 88, 93 (9th Cir. BAP 2004) (reversing an order granting lien avoidance under section 522(f) and holding that service of a 522(f) motion upon "Beneficial, P.O. Box 60101, City of Industry, CA 91716-0101" did not comply with Rule 7004(b)(3) and stating that "service was insufficient under the plain words of Rule 7004(b)(3). In order to assure that the party being served is apprised of the pendency of an action, valid service requires more than to address the document to a post office box."); Jacobo v. BAC Home Loans Servicing LP, 477 B.R. 533 (D.N.J. 2012) (holding that a confirmed chapter 13 plan which sought to cramdown a mortgage on real property was not binding upon the secured creditor because the debtor failed to serve an officer as required by

Rule 7004(h) and, instead, only served the creditor as follows: "BAC Home Loans/Countrywide 450 American Street, #SV416 Simi Valley, CA 93065, and Bank of America, 4161 Piedmont Pkwy NC4-105-01-34, Greensboro, NC 27410-8119."); York v. Bank of America, N.A. (In re York), 291 B.R. 806, 811 (Bankr. E.D. Tenn. 2003) (holding that "the original summons was not addressed to an officer by either name or title. As a result, it was not proper service under Rule 7004(b)(3)."); Braden v. General Motors Acceptance Corp., 142 B.R. 317 (Bankr. E.D. Ark. 1992) (holding that service of a complaint by a debtor upon "the defendant General Motors Acceptance Corporation . . . at ‘P.O. Box 988, Blytheville, AR 72315’" failed to

1:30 PM

CONT...


Manuel Moreno


Chapter 13

comply with Rule 7004(b)(3)); see also In re Bolden, 2014 Bankr. LEXIS 699 (Bankr. M.D.Fla. 2014) (holding that service of a 522(f) motion upon "Main Street Acquisition Corp., 3715 Davinci Court, Suite 200, Norcross, GA 30092" did not comply with Rule 7004(b)(3) because no officer or individual was served); In re St.

Louis, 2013 Bankr. LEXIS 3397 (Bankr. W.D. Tex. 2013) (holding that the debtor failed to comply with Rule 7004 when it served an objection to a claim as follows: "Home Loan Services, Inc. c/o Home Loan Services, Inc., PA9150-01-01, at 150 Allegheny Center, Pittsburgh, PA 15212" because no officer or individual was served); In re Smith, 2012 Bankr. LEXIS 6174, *13 (Bankr. E.D. Cal. 2012) (holding that a debtor who served a motion to extend the automatic stay failed to comply with Rule 7004(h) because the debtor served the motion upon "’Wells Fargo Home Mortgage/ACS’ by First Class Mail, not addressed to the attention of an officer, and sent to a Post Office Box in Des Moines, Iowa."); In re Sunde, 2007 Bankr. LEXIS 3704, *5 (Bankr. W.D. Wis. 2007) (holding that service of an objection to claim to "Glen E. Johnson Construction, 634 Commerce Drive, Hudson, WI 54016-9178" did not satisfy Rule 7004(b)(3) – even though the movant used precisely the information listed in the proof of claim – because the debtor failed to serve it upon an officer or agent); In re Sun Healthcare Group, Inc. v. Mead Johnson Nutritional (In re Sun Healthcare Group, Inc.), 2004 Bankr. LEXIS 572, *18 (Bankr. D.Del. 2004) (granting a motion to set aside default judgments because the debtor plaintiff did not serve an officer of the defendant and only used a post office box and stating "the Debtors have admitted serving Mead only at P.O. Box 751735, Charlotte, NC 28275, without addressing the documents to the attention of any officer, managing or general agent of Mead. Mead asserts that this address is a lockbox to receive payments, which is maintained and administered by a bank . . . Failure to address the service of process to the attention of an officer or agent of Mead violates the statutory requirements of Bankruptcy Rule 7004(b)(3).").


Note: serving an an unnamed officer would not comply with the applicable rules. Pursuant to F.R.B.P. 7004(b)(3) and 7004(h), a moving party must serve the appropriate named officer of the lienholder. Service that is not upon a named officer is not valid. In re Schoon, 153 B.R. 48 (Bankr. N.D. Cal. 1993) (denying a motion to avoid a lien under section 522(f) that was served upon "Attn: President"); In re Franchi, 451 B.R. 604 (Bankr. S.D. Fla. 2011) (denying a motion to avoid a lien because the debtor improperly served it upon "Any Officer Authorized to Accept Service" and holding that "service under Rule 7004(h) is not effected by serving an

1:30 PM

CONT...


Manuel Moreno


Chapter 13

unnamed title or using language such as ‘any other officer or agent entitled to receive service.’ Service under Rule 7004(h) must be upon a named officer of the institution unless one of the three enumerated exceptions in that Rule apply."); Addison v.

Gibson Equip. Co. (In re Pittman Mechanical Contractors), 180 B.R. 453 (Bankr. E.D. Va 1995) (following Schoon and granting a motion to set aside a default judgment because the summons and complaint were improperly served upon "Attn: President or Corporate Officer"); In re Golden Books Family Entertainment, 269 B.R. 300, 305 (Bankr. D. Del. 2001) (holding that service upon an unnamed "Asst. Controller" does not comply with F.R.B.P. 7004(b)(3) because the "notice documents were deficient because, among other things, they failed to address any of the copies of the notice to a person of authority or to a person authorized to accept service."); Saucier v. Capitol One (In re Saucier), 366 B.R. 780, 784 (Bankr. N.D. Ohio 2007) (citing Schoon and holding that a debtor who served a complaint upon "Capitol One" upon an "office manager" at a post office box failed to comply with the requirements of F.R.B.P.

7004(b)(3) because "it has been generally held that this type of generic heading is insufficient to effectuate proper service under the Rule."); see also Faulknor v.

Amtrust Bank (In re Faulknor), 2005 Bankr. LEXIS 60, *5 (Bankr. N.D. Ga. 2005) (holding that service of a motion to redeem a car which was served to "Attn: President" did not satisfy F.R.B.P. 7004(h) because "service of the motion to redeem to the attention of an officer, without specifically naming the individual, fails to comply with Rule 7004 and the constitutional requirements of due process."); In re Roby, 2006 Bankr. LEXIS 4336 (Bankr. D. Md. 2006) (holding that a motion by the chapter 13 trustee to disallow a claim that was served by the trustee upon the "president" of the creditor did not satisfy Rule 7004(b)(3)).


For example in Schoon, the debtor filed a motion to avoid a lien pursuant to section 522(f) and served the creditor as follows: "HOMEOWNERS LUMBER CO, INC., Attn: President, 409 Petaluma Blvd South, Petaluma, CA 94952." The court held this service did not comply with F.R.B.P. 7004(b)(3) and stated as follows:


"The creditor did not file opposition to the motion within the time allowed, and the debtors now seek entry of an order avoiding the lien by default. The sole issue before the court is whether the motion was properly served. The court determines that the motion was not served properly, and accordingly will not enter the order.


"Rule 4003(d) of the Federal Rules of Bankruptcy Procedure provides that a

1:30 PM

CONT...


Manuel Moreno


Chapter 13

motion by a debtor to avoid a lien under section 522(f) is a contested matter governed by Rule 9014. Rule 9014 requires that a contested matter be served in the same manner as a summons and complaint as set forth in Rule 7004. Rule 7004(b)(3) provides that if a summons and complaint are served by mail on a corporation, they must be mailed to the attention of an officer or agent of the corporation. The debtors take the position that their service is proper under the rule; the court disagrees.


"Nationwide service of process by first class mail is a rare privilege which can drastically reduce the costs and delay of litigation. As a privilege, it is not to be abused or taken lightly. Where the alternative to service by mail is hiring a process server to serve the papers in person, it seems like a small burden to require literal compliance with the rule. By addressing the envelope "Attn: President" the debtors did not serve an officer, they served an office. While service of an office is permitted to effect service on other types of entities (e.g. service on a municipality pursuant to Rule 7004(b)(6)), it is not a means of valid service on corporations under

Rule 7004(b)(3).


"Allowing service in the manner argued here by the debtors makes a joke of the requirement that an officer be served; it takes no more work, just an additional line on the envelope. However, the Rule requires that an officer be served in order to insure that the corporation is put on notice that it is liable to lose valuable rights.

Where the procedure outlined in a Rule is less formal than the procedure it replaces, it should be strictly construed. The court finds that the method of service employed by the debtors does not meet the requirements of Rule 7004(b)(3), and fails to meet minimum due process requirements.


"This ruling is hardly a disaster for movants or plaintiffs in bankruptcy litigation; it merely requires a little extra effort to determine the name of the president or other officer and make sure the envelope is addressed to him or her, by name. This is a small price to pay to avoid having to effect personal service."


Id. at 49.


Debtor(s):


Party Information

Manuel Moreno Represented By James P Doan

1:30 PM

CONT...


Manuel Moreno


Chapter 13

Defendant(s):

Mirabella Investments Group, LLC Pro Se

Joint Debtor(s):

Sheryl Moreno Represented By James P Doan

Plaintiff(s):

Sheryl Moreno Represented By Jonathan D Doan

Manuel Moreno Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01029 Bui et al v. Shih et al


#25.00 Hrg re motion to compel CTBC Bank Co. LTD to produce document


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

Eva Shih Pro Se

Tammy Hsieh Represented By Robert C Hsu

Louie Chang Pro Se

Carl Chen Pro Se

Kuei Mei Kuo Pro Se

Centenary Development Corp., Inc. Pro Se Rona Global Inc., A California Pro Se Mix and Match, LLC, a Washington Pro Se Bright Yard Living Corp., a Texas Pro Se

1:30 PM

CONT...


Vario Corp.


Chapter 7

Plaintiff(s):

Lynda Bui Represented By

Leonard M. Shulman Elmer D Martin III Ryan O'Dea

East West Bank Represented By Elmer D Martin III Clifford P Jung Curtis C. Jung

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

1:30 PM

6:20-12668


Trina Lee Kenney


Chapter 7

Adv#: 6:20-01128 Loy et al v. Kenney


#26.00 Status conference re: Complaint to determine dischargeability of debt FROM: 10-8-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21; CONT'D TO 4-22-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trina Lee Kenney Represented By Todd L Turoci

Defendant(s):

Trina Lee Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

1:30 PM

CONT...


Trina Lee Kenney


D Edward Hays


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-12668


Trina Lee Kenney


Chapter 7

Adv#: 6:20-01128 Loy et al v. Kenney


#27.00 Hrg re motion for order dismissing Caru Society for the prevention of cruelty to animals as plaintiff from first amended complaint for: (1) Lack of article III standing under rule 12(b)(6); and (2) Lack of statutory standing under rule 12(b) (6)


Docket 24

*** VACATED *** REASON: ORDER DISMISSING ENTERED 1-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trina Lee Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Trina Lee Kenney Represented By Donald W Reid

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

1:30 PM

CONT...


Trina Lee Kenney


D Edward Hays


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-13504


Elijah Timothy Hunter Kenney


Chapter 7

Adv#: 6:20-01140 Loy et al v. Kenney


#28.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21; CONT'D TO 4-22-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elijah Timothy Hunter Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Elijah Timothy Hunter Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

1:30 PM

CONT...


Elijah Timothy Hunter Kenney


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-13504


Elijah Timothy Hunter Kenney


Chapter 7

Adv#: 6:20-01140 Loy et al v. Kenney


#29.00 Hrg re motion for order dismissing Caru Society for the prevention of cruelty to animals as plaintiff from first amended complaint for: (1) Lack of article III standing under rule 12(b)(6); and (2) Lack of statutory standing under rule 12(b) (6)


Docket 15

*** VACATED *** REASON: ORDER DISMISSING ENTERED 1-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elijah Timothy Hunter Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Elijah Timothy Hunter Kenney Represented By Donald W Reid

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

1:30 PM

CONT...


Elijah Timothy Hunter Kenney


D Edward Hays


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-13505


Jezriel Patricia Kenney


Chapter 7

Adv#: 6:20-01141 Loy et al v. Kenney


#30.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-13- 21; CONT'D TO 4-22-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jezriel Patricia Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Jezriel Patricia Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

1:30 PM

CONT...


Jezriel Patricia Kenney


D Edward Hays


Chapter 7

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

Laila Masud

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-13505


Jezriel Patricia Kenney


Chapter 7

Adv#: 6:20-01141 Loy et al v. Kenney


#31.00 Hrg re motion for order dismissing Caru Society for the prevention of cruelty to animals as plaintiff from first amended complaint for: (1) Lack of article III standing under rule 12(b)(6); and (2) Lack of statutory standing under rule 12(b) (6)


Docket 15

*** VACATED *** REASON: ORDER DISMISSING ENTERED 1-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jezriel Patricia Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Jezriel Patricia Kenney Represented By Donald W Reid

Plaintiff(s):

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

Laila Masud

D Edward Hays

Jessica Loy Represented By

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

1:30 PM

CONT...


Jezriel Patricia Kenney


D Edward Hays


Chapter 7

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#1.00 Hrg re objection to claim number 10 filed by Citibank N.A. FROM: 5-6-20, 7-24-20, 10-23-20, 1-8-21


Docket 110

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-14- 21; CONT'D TO 2-26-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

1:00 PM

6:10-16163

Lawrence Eugene Forester and Vicki Lovell Forester

Chapter 13

#2.00 Hrg re motion to avoid junior lien on principal residence or in the alternative application for entry of order nunc pro tunc on motion to avoid junior lien on principal residence upon Citibank N.A.

[Property: 4525 Center Ave., Norco, CA 92860] FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20, 1-8-21

Docket 105

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-14- 21; CONT'D TO 2-26-21 AT 1:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:18-16396


Leslie E. Tingley


Chapter 7


#3.00 Hrg re motion to reopen chapter 7 case FROM: 6-24-20, 7-14-20, 10-6-20, 1-8-21


Docket 17

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-14- 21; CONT'D TO 2-26-21 AT 2:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Leslie E. Tingley Represented By Michael D Franco

Movant(s):

Leslie E. Tingley Represented By Michael D Franco Michael D Franco Michael D Franco Michael D Franco

Trustee(s):

Howard B Grobstein (TR) Pro Se

3:00 PM

6:15-14301

Jose Quines Yolo and Ameurfina Tolentino Yolo

Chapter 13

#4.00 Hrg re motion to continue case administration and appointment of Joahnna Yolo as the representative for deceased debtors and for waiver to complete financial management course due to death of both debtors

FROM: 11-18-20

Docket 75

*** VACATED *** REASON: SCHEDULNG ORDER ENTERED 1-14- 21; CONT'D TO 2-26-21; 3:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Jose Quines Yolo Represented By

Hasmik Jasmine Papian

Joint Debtor(s):

Ameurfina Tolentino Yolo Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:11-16843


JOSE ALBERTO GUTIERREZ


Chapter 7


#1.00 Hrg re (1) Motion to reopen case and (2) For extension of time to file forms required for discharge


FROM: 6-30-20, 9-15-20, 11-17-20


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

JOSE ALBERTO GUTIERREZ Represented By

James M Powell - DISBARRED - Giovanni Orantes

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

1:00 PM

6:18-11911


Maria I. Brack


Chapter 7


#2.00 Hrg re trustee's final report and applications for compensation


Docket 47

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee and his professionals for their work in this case.

Pursuant to the trustee's final report, the following administrative claims will be allowed:


(1) Trustee: fees of $852.50 and expenses of $33.50.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Maria I. Brack Represented By Joselina L Medrano

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

1:00 PM

6:20-10119


Eric Kevin Ballesteros


Chapter 7


#3.00 Hrg re trustee's final report and applications for compensation


Docket 28

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for his efforts in the case. Pursuant to the trustee's final report, the following administrative claims will be allowed:


(1) Trustee: fees of $1,444.76 and expenses of $29.10.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Eric Kevin Ballesteros Represented By Daniel King

Trustee(s):

Larry D Simons (TR) Pro Se

1:00 PM

6:20-11098


Kathy Robins


Chapter 7


#4.00 Hrg re trustee's final report and applications for compensation


Docket 30

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for his efforts in this case. Pursuant to the trustee's final report, the following administrative claims will be allowed:


(1) Trustee: fees of $1,105.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Kathy Robins Represented By Gerald S Kim

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:00 PM

6:20-12067


Raul Carrillo and Acela Carrillo


Chapter 7


#5.00 Hrg re motion to approve compromise with GGRP LLC


Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raul Carrillo Represented By

W. Derek May

Joint Debtor(s):

Acela Carrillo Represented By

W. Derek May

Trustee(s):

Larry D Simons (TR) Represented By Tinho Mang Chad V Haes

1:00 PM

6:20-16067


Samuel Hernandez and Ruth M Rowe


Chapter 7


#6.00 Hrg re motion to avoid lien and if applicable for turn over of property with LBS Financial Credit Union


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Samuel Hernandez Represented By Gary S Saunders

Joint Debtor(s):

Ruth M Rowe Represented By

Gary S Saunders

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:20-15213


Shelly Joan Ruegsegger


Chapter 7


#7.00 Hrg re United States Trustee's motion to dismiss case and contingent motion to extend the discharge deadline


Docket 28

*** VACATED *** REASON: CASE DISMISSED 1-14-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shelly Joan Ruegsegger Represented By Jenny L Doling

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:20-16447


Gregory K Gilbert


Chapter 7


#8.00 Hrg re motion to extend dismissal and discharge deadlines


Docket 21


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Gregory K Gilbert Represented By Rhonda Walker

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-17509


Aaron Joseph Loft


Chapter 13


#9.00 Hrg re motion for order compelling attorney to file disclosure of compensation


Docket 19

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-8-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aaron Joseph Loft Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:18-19790


Linda Rene Basquez


Chapter 7


#10.00 Hrg re objection to the claim number 19 of Alisa Koh in the amount of $7,355.81 FROM: 11-17-20

Docket 266

*** VACATED *** REASON: ORDER DENYING ENTERED 1-14-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Rene Basquez Represented By Stuart J Wald

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

2:30 PM

6:18-19790


Linda Rene Basquez


Chapter 7


#11.00 Hrg re objection to the claim number 29 of David Wooste in the amount of

$9,414.41


FROM: 11-17-20


Docket 276

*** VACATED *** REASON: ORDER DENYING ENTERED 1-14-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Rene Basquez Represented By Stuart J Wald

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

2:30 PM

6:18-19790


Linda Rene Basquez


Chapter 7


#12.00 Hrg re objection to the claim number 8 of Vanessa Gutierrez in the amount of

$8,893.72


FROM: 11-17-10


Docket 255

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-14- 21; CONT'D TO 3-23-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Rene Basquez Represented By Stuart J Wald

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

1:30 PM

6:20-17897


Sandra K. Shea


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra K. Shea Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17932


Jose Viera Mendoza


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-31-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Viera Mendoza Represented By Siamak E Nehoray

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17950


Maria Del Rosario Jimenez


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Del Rosario Jimenez Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-18078


Michelle Renee Maria Andrade


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-10294


Ivan Cebreros-Lopez and Deissy Montoya-Camacho


Chapter 13


#5.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 66

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ivan Cebreros-Lopez Represented By Sundee M Teeple

Joint Debtor(s):

Deissy Montoya-Camacho Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-18861


Nicholas H Coffey and Kathryn J Coffey


Chapter 13


#5.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 99

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nicholas H Coffey Represented By Paul Y Lee

Joint Debtor(s):

Kathryn J Coffey Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-16974


Rafel Ferrer and Rosalva Ferrer


Chapter 13


#5.02 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 52

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-20-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rafel Ferrer Represented By

Paul Y Lee

Joint Debtor(s):

Rosalva Ferrer Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-18752


Jason P Wilson


Chapter 13


#5.03 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 72

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason P Wilson Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-12235


Denise Cuevas


Chapter 13


#5.04 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 41

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Denise Cuevas Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-10059


Tammy L. Swanson


Chapter 13


#5.05 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 58

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tammy L. Swanson Represented By Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-13816


Patrick Carl Johnston, Jr


Chapter 13


#5.06 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Patrick Carl Johnston Jr Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-18163


Gwendolyn Gainer


Chapter 13


#6.00 Hrg re motion to substitute debtor(s) in as counsel in pro per instead of current counsel of record


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gwendolyn Gainer Represented By Manfred Schroer

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-19640


Maria Guadalupe Villalobos and Ricardo Villalobos


Chapter 13


#7.00 Hrg re motion to substitute debtor(s) in as counsel in pro per instead of current counsel of record


Docket 132


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Guadalupe Villalobos Represented By Manfred Schroer

Joint Debtor(s):

Ricardo Villalobos Represented By Manfred Schroer

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-17241


Christina M Lares


Chapter 13


#8.00 Hrg re motion to substitute debtor(s) in as counsel in pro per instead of current counsel of record


Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christina M Lares Represented By Manfred Schroer

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19396


Richard D. Wotherspoon and Sotera R. Wotherspoon


Chapter 13


#9.00 Hrg re objection to proof of claim number 14-1 filed by Midland Credit Management Inc


Docket 0

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 1-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19396


Richard D. Wotherspoon and Sotera R. Wotherspoon


Chapter 13


#10.00 Hrg re objection to Claim #15 filed by claimant Midland Credit Management, Inc.. in the amount of $ 1,336.72


Docket 0

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 1-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19055


Donald H Wells and Deborah R Wells


Chapter 13


#10.01 Hrg re Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Docket 66

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-26- 21; CONT'D TO 3-24-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald H Wells Represented By Paul Y Lee

Joint Debtor(s):

Deborah R Wells Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-14915


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


Docket 30

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Valdovinos Represented By Sundee M Teeple

Joint Debtor(s):

Geovanna A. Valdovinos Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17688


Leticia Cisneros


Chapter 13


#12.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17688


Leticia Cisneros


Chapter 13


#13.00 Hrg re motion for order disallowing claim number 3


Docket 19

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 12-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17705


Nemesis Gissel Ortiz Mcqueen


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17772


Charles A. Runge and Irma E. Runge


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles A. Runge Represented By Gary S Saunders

Joint Debtor(s):

Irma E. Runge Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17784


D'Aniel Anthony Causey


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

D'Aniel Anthony Causey Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17806


Mark Alan Roybal


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Alan Roybal Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17817


Johnny Lam Nguyen


Chapter 13


#18.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Johnny Lam Nguyen Represented By Rex Tran

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17864


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 12-14- 20; CONT'D TO 5-10-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:17-11643


Michael Alvarez and Roxanne E Alvarez


Chapter 13


#19.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 127

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-20-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Alvarez Represented By Michael Smith Sundee M Teeple Craig K Streed

Joint Debtor(s):

Roxanne E Alvarez Represented By Michael Smith Sundee M Teeple Craig K Streed

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-21177


Derik A. Dill


Chapter 13


#19.02 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 52

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Derik A. Dill Represented By

Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:19-20426


Amador Anthony Cervantes


Chapter 13


#20.00 Motion for relief from stay


AMERICREDIT FINANCIAL SERVICES VS DEBTOR


Property: 2019 Kia Sorento

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 47

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-14-21

Tentative Ruling:

Party Information

Debtor(s):

Amador Anthony Cervantes Represented By Norma Duenas

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17270


Thomas Anthony Zabala and Pamela Jean Zabala


Chapter 13


#21.00 Motion for relief from stay


TD AUTO FINANCE VS DEBTORS


Property: 2017 Ram 350

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 29

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Anthony Zabala Represented By Dana Travis

Joint Debtor(s):

Pamela Jean Zabala Represented By Dana Travis

Movant(s):

TD Auto Finance LLC Represented By Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10094


Patricia Ann Doublet


Chapter 13


#22.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ann Doublet Represented By Benjamin R Heston

Movant(s):

Patricia Ann Doublet Represented By Benjamin R Heston Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-17416


Maria De Los Angeles Lopez De Ramirez


Chapter 7


#1.00 Motion for relief from stay


SANTANDER CONSUMER USA VS DEBTOR


Property: 2019 Dodge Charger

[Personal Prop] Sheryl . Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21

Tentative Ruling:

Party Information

Debtor(s):

Maria De Los Angeles Lopez De Represented By

Daniel King

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-17492


Denisa Chante Jones


Chapter 7


#2.00 Motion for relief from stay


CONSUMER PORFOLIO SERVICES VS DEBTOR


Property: 2019 Hyundai Sonata

[Personal Prop] Erica Taylor Loftis Pacheco, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21

Tentative Ruling:

Party Information

Debtor(s):

Denisa Chante Jones Represented By

Shawn Anthony Doan

Movant(s):

Consumer Portfolio Services, Inc. Represented By

Erica T Loftis Pacheco

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:20-17610


Ruben Velasquez Heredia and Idalia Velazquez


Chapter 7


#3.00 Motion for relief from stay


FORD MOTOR CREDIT COMPANY VS DEBTORS


Property: 2017 Ford Focus

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Velasquez Heredia Represented By Todd L Turoci

Joint Debtor(s):

Idalia Velazquez Represented By Todd L Turoci

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-16900


Leonardo Espinoza and Socorro Duran De Espinoza


Chapter 7


#3.01 Motion for relief from stay


SHOCK PROPERTIES, INC. VS DEBTOR


Property: 9253 Hermosa Ave #G Rancho Cucamonga, CA 91730 [UD] Barry Lee O'Connor, attorney/movant


Docket 18


Tentative Ruling:

The hearing regarding this motion shall be heard on shortened notice and any opposition is due at the hearing. Therefore, appearances are required at the hearing.


The motion requests relief from the automatic stay to complete an eviction.

Using a bankruptcy case to delay an eviction is not appropriate. See, e.g., In re Smith, 105 B.R. 50, 53 & 55 (Bankr. C.D. Cal. 1989) (describing cases filed to delay an eviction as “abusive” and designed to “delay improperly the landlord from obtaining possession of his property.”). Therefore, the tentative ruling of the Court is to grant the motion pursuant to 11 U.S.C. § 362(d)(1) with the following relief:


  1. Termination of the stay to allow movant (and any successors or assigns) to proceed under applicable non-bankruptcy law to enforce its remedies to obtain possession of the property.


  2. Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).


Party Information

Debtor(s):

Leonardo Espinoza Represented By Neil R Hedtke

Joint Debtor(s):

Socorro Duran De Espinoza Represented By

10:00 AM

CONT...


Trustee(s):


Leonardo Espinoza and Socorro Duran De Espinoza

Neil R Hedtke


Chapter 7

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-14758


Ridge Park Point, LLC


Chapter 7


#4.00 Motion for relief from stay


MERCHANTS BANK OF COMMERCE VS DEBTOR


Property: 43620 Ridge Park Drive, Temecula, CA 92590-5520 [Real Prop] Walter R. Dahl, attorney/movant


FROM: 11-5-20, 12-3-20, 12-17-20


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ridge Park Point, LLC Represented By Joshua J Herndon

Movant(s):

Merchants Bank of Commerce Represented By Walter R Dahl

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm Nathan F Smith Christina J Khil

11:15 AM

6:20-12067


Raul Carrillo and Acela Carrillo


Chapter 7


#4.01 Hrg re motion to approve compromise with GGRP LLC FROM: 1-26-21


Docket 75

Tentative Ruling:

ISSUES FOR DISCUSSION


Issue #1: The Incoherence Problem (aka the problem of requesting relief that is legally impermissible, unachievable or incoherent). Sections 3.1(a) and 3.1(b) conflict.


Proposed settlement term #1 (hypothetical): "The Foreclosure Sale is deemed entirely valid for certain purposes and deemed entirely set aside for other purposes."


Analysis: These are contradictory provisions which are not legally permissible.

What is the legal theory that allows for such provisions and what would be the impact? Sections 3.1(a) and (b) of the current agreement suffer from this problem. They are incoherent and do not provide for a legally achievable result. If the contradictory provisions are intended to impact only the parties to the agreement then the problematic impact of the incoherence is limited but then the Court still would ask: what is the point of the provisions? On the other hand, if the contradictory provisions are intended to impact third party lienholders (as section 3.1(g) & (h) of the agreement seems to indicate) and the parties want a court order finding (in some fashion) that the terms of section 3.1(a), (b), (g) & (h) are binding on third party

11:15 AM

CONT...


Raul Carrillo and Acela Carrillo


Chapter 7

lienholders then an adversary proceeding is almost certainly required.


Proposed settlement term #2 (hypothetical): "The property is deemed entirely property of the bankruptcy estate for some purposes and entirely not property of the bankruptcy estate for other purposes."

Analysis: Not legally possible.


Issue #2: What Terms of The Agreement Do You Intend to Use Against Lienholders Who Are Not Parties to the Agreement?


Proposed Settlement Term #3 (actual 3.1(a) language): "the Foreclosure Sale will be deemed valid and all claims held by Debtors, the Trustee, and the Estate challenging the validity of the Foreclosure Sale will be deemed released."


Analysis: This language is fine and the order approving the settlement agreement can simply state that the agreement is approved by the court. If the parties want to include a provision in the order that the Foreclosure Sale should be deemed valid, such a finding is unnecessary (because the parties agreed to it in the agreement) but if the proposed order did include such a provision, it would need to state that "as between the parties to the agreement, the Foreclosure Sale is deemed valid." The Trustee may give up all claims of the debtor/borrower and the bankruptcy estate to set aside the foreclosure sale (without an adversary proceeding) even if the impact of surrendering such claims is that junior lienholders are wiped out. Junior lienholders retain whatever rights (if any) they had to set aside the foreclosure sale. However, the court could not enter any finding that the Foreclosure Sale is deemed valid as against junior lienholders. That would require an adversary proceeding pursuant to F.R.B.P. Rule 7001. This technically leaves the junior lienholders free to assert any claims that they may have (as junior lienholders) to set aside the Foreclosure Sale if they wish to do so but (1) they likely never had standing to assert any meaningful claims, (2) even if they had standing, the grounds by which a junior lienholder could set aside a

11:15 AM

CONT...


Raul Carrillo and Acela Carrillo


Chapter 7

foreclosure sale are limited and (3) they are probably time barred from doing so since the sale occurred 10 years ago.

Also, for all these reasons, the court cannot approve the language in section 3.5(a) of the agreement. An adversary proceeding is required for such relief.


Proposed Settlement Term #4 (slightly narrower than what is in 3.1(a) the settlement agreement): "3.1(a) all claims held by Debtors, the Trustee, and the Estate challenging the validity of the Foreclosure Sale will be deemed released and the parties agree that, as between themselves, the Foreclosure Sale should be deemed valid."


Analysis: this language is fine and clearer. See analysis above.


Proposed Settlement Term #5 (actual 3.1(g) & (h) language): "(g) all liens that were junior to the GGRP deed of trust will be eliminated by the Foreclosure Sale; (h) Debtor Liens will be deemed to have never attached to the Property given Debtors’ loss of title due to the Foreclosure Sale "

Analysis: If the parties intend that this language is binding only on the parties to this agreement then what is the point of the language? The assertions in this language would be better expressed in the recitals as beliefs that the parties have about the consequences of the agreement by the trustee to waive all claims of the debtors and the estate to set aside the foreclosure sale.

If, on the other hand, this language is in the agreement to (in some fashion) bind lienholders who are not parties to the agreement then the language is impermissible. An adversary proceeding is required. Again, the court will not approve the language in section 3.5(a). An adversary proceeding is required.

Note: The Court is not disputing the accuracy of the language in section 3.1(g) & (h) or 3.5(a). If the trustee drops all claims to set aside the Foreclosure Sale then it is highly likely that the provisions in 3.1(g) & (h) and 3.5(a) are all true. (It is very hard to imagine how the junior lienholders could set aside a foreclosure sale 10 years

11:15 AM

CONT...


Raul Carrillo and Acela Carrillo


Chapter 7

later). However, the Court could not enter an order to that effect that is binding on lienholders who are not parties to the agreement without an adversary proceeding.


Party Information

Debtor(s):

Raul Carrillo Represented By

W. Derek May

Joint Debtor(s):

Acela Carrillo Represented By

W. Derek May

Trustee(s):

Larry D Simons (TR) Represented By Tinho Mang Chad V Haes

1:30 PM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#5.00 Hrg re motion for default judgment


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

10:30 AM

6:20-10753


Lisa Lynn Kearsley


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 6-22-20, 7-29-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lisa Lynn Kearsley Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11618


Leticia M. De Isar


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 12-14-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leticia M. De Isar Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-11849


Gregory Mark Klick


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 7-29-20, 12-15-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-28-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Mark Klick Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-13153


Francisco Salcedo


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 7-29-20, 8-5-20, 12-15-20


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Francisco Salcedo Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-13382

Ralph John Leal and Marrion Aileen Leal

Chapter 13

#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-29-20, 12-15-20

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ralph John Leal Represented By Jenny L Doling

Joint Debtor(s):

Marrion Aileen Leal Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-13574


Heather Lindsey Rodriguez


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 12-14-20


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Heather Lindsey Rodriguez Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-13575

Guillermo Ortega Martinez and Adilene Madrigal

Chapter 13

#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Guillermo Ortega Martinez Represented By Christopher Hewitt

Joint Debtor(s):

Adilene Madrigal Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-14085

Michael D. Torrence

Chapter 13

#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20, 12-15-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Michael D. Torrence Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:20-14135

William Thomas Behrend, Jr. and Tina Marie Behrend

Chapter 13

#9.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20,12-15-20

Docket 1

Tentative Ruling:

Party Information

Debtor(s):

William Thomas Behrend Jr. Represented By Christopher Hewitt

Joint Debtor(s):

Tina Marie Behrend Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:19-19396

Richard D. Wotherspoon and Sotera R. Wotherspoon

Chapter 13

#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-4-19, 1-27-20, 3-16-20, 9-21-20, 11-10-20

Docket 4

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:19-20426

Amador Anthony Cervantes

Chapter 13

#11.00 Hrg re order to show cause regarding dismissal of the case

Docket 1

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Amador Anthony Cervantes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:19-20426


Amador Anthony Cervantes


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-8-20, 1-15-20, 3-16-20, 9-21-20, 11-9-20


Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Amador Anthony Cervantes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:19-21069

Armando Mata and Natalia Mata

Chapter 13

#13.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-22-20, 2-5-20, 3-16-20, 9-21-20, 11-10-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Armando Mata Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Natalia Mata Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-10552


Leo Rivera and Irma Nohemi RiveraREVISED


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 2-26-20, 3-11-20, 6-15-20, 12-14-20


Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Leo Rivera Represented By

Nima S Vokshori

Joint Debtor(s):

Irma Nohemi Rivera Represented By Nima S Vokshori

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-10793

Donald George Filippi and Yvonne Maria Filippi

Chapter 13

#15.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 3-25-20, 6-26-20, 12-14-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Donald George Filippi Represented By Norma Duenas

Joint Debtor(s):

Yvonne Maria Filippi Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-11134

Jacobo Ayala and Dolores Ayala

Chapter 13

#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-11-20, 3-30-20, 4-8-20, 9-28-20, 11-10-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Jacobo Ayala Represented By

Rebecca Tomilowitz

Joint Debtor(s):

Dolores Ayala Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12821

Sharon A Waddy

Chapter 13

#17.00 Hrg re status conference regarding confirmation of the chapter 13 FROM: 5-13-20, 6-10-20, 12-14-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Sharon A Waddy Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12974

Michael Todd Lackey and Shelli Elizabeth Lackey

Chapter 13

#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Michael Todd Lackey Represented By Summer M Shaw

Joint Debtor(s):

Shelli Elizabeth Lackey Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-13290

Marcelo Martinez and Alejandra Sinai Ramirez

Chapter 13

#19.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-24-20, 7-1-20, 12-14-20

Docket 2

*** VACATED *** REASON: REVISED SCHEDULING ORDER ENTERED 12-18-20; CONT'D TO 2-1-21 AT 2:15 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Marcelo Martinez Represented By Michael Jay Berger

Joint Debtor(s):

Alejandra Sinai Ramirez Represented By Michael Jay Berger

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-10555

Tony Busum

Chapter 13

#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 2-26-20, 4-13-20, 7-27-20, 12-14-20

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tony Busum Represented By

Elena Steers

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-12243


John Anthony Espejo


Chapter 13


#21.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-22-20, 6-8-20, 12-14-20, 1-4-21


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Anthony Espejo Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-13164


Shontae Hill


Chapter 13


#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20, 1-4-21


Docket 0


Tentative Ruling:


Party Information

Debtor(s):

Shontae Hill Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-13503


Gena Rae Munoz


Chapter 13


#23.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 2-14-20


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Gena Rae Munoz Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-13726

Jaime Mosqueda and Elizabeth Urbina

Chapter 13

#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-15-20, 7-22-20, 2-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Jaime Mosqueda Represented By Andrew Nguyen

Joint Debtor(s):

Elizabeth Urbina Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14262

Rocio Cortez

Chapter 13

#25.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20, 12-15-20

Docket 1

Tentative Ruling:

Party Information

Debtor(s):

Rocio Cortez Represented By

David R Chase

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14369

Alfredo M. Loza and Olga F. Loza

Chapter 13

#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-5-20, 8-12-20, 12-15-20

Docket 2

Tentative Ruling:


Party Information

Debtor(s):

Alfredo M. Loza Represented By Carey C Pickford

Joint Debtor(s):

Olga F. Loza Represented By

Carey C Pickford

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-19396


Richard D. Wotherspoon and Sotera R. Wotherspoon


Chapter 13


#27.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-4-19, 1-27-20, 3-16-20, 9-21-20, 11-10-20


Docket 4

Tentative Ruling:

Party Information

Debtor(s):

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-20426

Amador Anthony Cervantes

Chapter 13

#28.00 Hrg re order to show cause regarding dismissal of the case

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amador Anthony Cervantes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-20426


Amador Anthony Cervantes


Chapter 13


#29.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-8-20, 1-15-20, 3-16-20, 9-21-20, 11-9-20


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Amador Anthony Cervantes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-21069

Armando Mata and Natalia Mata

Chapter 13

#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-22-20, 2-5-20, 3-16-20, 9-21-20, 11-10-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Armando Mata Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Natalia Mata Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-10552


Leo Rivera and Irma Nohemi RiveraREVISED


Chapter 13


#31.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 2-26-20, 3-11-20, 6-15-20, 12-14-20


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Leo Rivera Represented By

Nima S Vokshori

Joint Debtor(s):

Irma Nohemi Rivera Represented By Nima S Vokshori

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-10793

Donald George Filippi and Yvonne Maria Filippi

Chapter 13

#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-4-20, 3-25-20, 6-26-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Donald George Filippi Represented By Norma Duenas

Joint Debtor(s):

Yvonne Maria Filippi Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-11134

Jacobo Ayala and Dolores Ayala

Chapter 13

#33.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-11-20, 3-30-20, 4-8-20, 9-28-20, 11-10-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Jacobo Ayala Represented By

Rebecca Tomilowitz

Joint Debtor(s):

Dolores Ayala Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-12821

Sharon A Waddy

Chapter 13

#34.00 Hrg re status conference regarding confirmation of the chapter 13 FROM: 5-13-20, 6-10-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Sharon A Waddy Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-12974

Michael Todd Lackey and Shelli Elizabeth Lackey

Chapter 13

#35.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Michael Todd Lackey Represented By Summer M Shaw

Joint Debtor(s):

Shelli Elizabeth Lackey Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-13290

Marcelo Martinez and Alejandra Sinai Ramirez

Chapter 13

#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-24-20, 7-1-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Marcelo Martinez Represented By Michael Jay Berger

Joint Debtor(s):

Alejandra Sinai Ramirez Represented By Michael Jay Berger

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-20143

Sergio Prado

Chapter 13

#37.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-8-20, 1-15-20, 3-16-20, 9-21-20, 11-10-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Sergio Prado Represented By

Samer A Nahas

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-20322

Linda Wagner

Chapter 13

#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-8-20, 4-10-20, 7-31-20, 12-15-20

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Linda Wagner Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-20635


Mark Christopher Collett and Helen Marie Collett


Chapter 13


#39.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-15-20, 4-10-20, 7-31-20, 12-15-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Christopher Collett Represented By Robert L Firth

Joint Debtor(s):

Helen Marie Collett Represented By Robert L Firth

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-20814


Jerry Lee Saylor and Gloria Jean Saylor


Chapter 13


#40.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-15-20, 1-15-20, 4-13-20, 7-27-20, 12-14-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jerry Lee Saylor Represented By Neil R Hedtke

Joint Debtor(s):

Gloria Jean Saylor Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-11742


Victoria Zopfi


Chapter 13


#41.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 7-29-20, 12-15-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victoria Zopfi Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:20-12396


Carlos Eduardo Acosta, Jr


Chapter 13


#42.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-29-20, 6-10-20, 7-29-20, 12-15-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carlos Eduardo Acosta Jr Represented By Marc A Goldbach

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:19-20708


Marcelo Alejandro Sirri and Claudia Viviana Basile Sirri


Chapter 13


#43.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-15-20, 4-10-20, 7-31-20, 12-15-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marcelo Alejandro Sirri Represented By Jeffrey N Wishman

Joint Debtor(s):

Claudia Viviana Basile Sirri Represented By Jeffrey N Wishman

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-10973


Shannon Marie Brinson


Chapter 13


#44.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-11-20, 3-30-20, 4-8-20, 7-31-20, 12-15-20


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shannon Marie Brinson Represented By Melissa A Raskey

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-11195


Daniel Alfred Vera, Jr.


Chapter 13


#45.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 12-15-20


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Alfred Vera Jr. Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-12603


Steve Hernandez and Gabriela A. Hernandez


Chapter 13


#46.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 5-6-20, 5-18-20, 9-28-20, 11-9-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 11-16-20

Tentative Ruling:

Party Information

Debtor(s):

Steve Hernandez Represented By Terrence Fantauzzi

Joint Debtor(s):

Gabriela A. Hernandez Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-13787

Kristi Jean Cabral

Chapter 13

#47.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-15-20, 7-22-20, 12-14-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Kristi Jean Cabral Represented By

Shawn Anthony Doan

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-14008

Eugene Garcia and Norma Lena Garcia

Chapter 13

#48.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20, 12-15-20

Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Eugene Garcia Represented By Gregory M Shanfeld

Joint Debtor(s):

Norma Lena Garcia Represented By Gregory M Shanfeld

Trustee(s):

Rod Danielson (TR) Pro Se

4:30 PM

6:20-14078

David E Morgan

Chapter 13

#49.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20, 12-15-20

Docket 6

Tentative Ruling:

Party Information

Debtor(s):

David E Morgan Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15702

Nyesha D. Williams

Chapter 13

#1.00 Confirmation of Chapter 13 Plan

FROM: 10-21-20

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-4-21; CONT'D TO 4-12-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15702


Nyesha D. Williams


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-4-21; CONT'D TO 4-12-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15748


Raphael Chavez Mesa, Jr.


Chapter 13


#3.00 Confirmation of Chapter 13 Plan


FROM: 10-21-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On September 15, 2020, the Court entered a scheduling order [docket #17] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on August 25, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

1:30 PM

CONT...


Raphael Chavez Mesa, Jr.


Chapter 13


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 22, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 25, 2020, the monthly plan payment is $980. Starting February 25, 2021, the monthly plan payment is $1,014.


    The due date for each payment is the 25th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $60,670. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors

    1:30 PM

    CONT...


    Raphael Chavez Mesa, Jr.


    Chapter 13

    with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $4,500; having previously received $1,500, counsel is entitled to payment of $3,000 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court

      1:30 PM

      CONT...


      Raphael Chavez Mesa, Jr.

      order) provides otherwise. The Trustee shall make payments to holders of


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the California Child Support Services in the amount of $225 at a rate no less than

        $15 per month for fifteen months.


      2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $3,756.60 at a rate no less than $62.61 per month for 60 months.


      3. The Trustee shall pay the priority claim of the Franchise Tax

        1:30 PM

        CONT...


        Raphael Chavez Mesa, Jr.


        Chapter 13

        Board in the amount of $2,024 at a rate no less than $33.73 per month for 60 months.


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s

          1:30 PM

          CONT...


          Raphael Chavez Mesa, Jr.


          Chapter 13

          approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case

          1:30 PM

          CONT...


          Raphael Chavez Mesa, Jr.


          Chapter 13

          (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2020 Ford Explorer in the approximate amount of $759.24 per month. (Creditor: Navy Federal Credit Union).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant

          1:30 PM

          CONT...


          Raphael Chavez Mesa, Jr.


          Chapter 13

          to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first

1:30 PM

CONT...


Raphael Chavez Mesa, Jr.


Chapter 13

default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Raphael Chavez Mesa Jr. Represented By Edward G Topolski

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15748


Raphael Chavez Mesa, Jr.


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Raphael Chavez Mesa Jr. Represented By Edward G Topolski

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15775


Deborah Starr


Chapter 13


#5.00 Confirmation of Chapter 13 Plan


FROM: 10-21-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-15-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Deborah Starr Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15775


Deborah Starr


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-15-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Deborah Starr Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15852


Jennifer Shaffer


Chapter 13


#7.00 Confirmation of Chapter 13 Plan


FROM: 10-21-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-20-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Shaffer Represented By Allan D Sarver

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15852


Jennifer Shaffer


Chapter 13


#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-20-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Shaffer Represented By Allan D Sarver

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15875


Rose Ann Bomentre


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


FROM: 10-21-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 15, 2020, the Court entered a scheduling order [docket #18] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #35] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on August 28, 2020 [docket #2] ("Plan") on the

1:30 PM

CONT...


Rose Ann Bomentre


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 29, 2021 [docket #36] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #7] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 28, 2020, the monthly plan payment is $2,136.

    1:30 PM

    CONT...


    Rose Ann Bomentre

    Starting November 28, 2020, the monthly plan payment is $2,640.


    Chapter 13


    The due date for each payment is the 28th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 43% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $157,392. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      1:30 PM

      CONT...


      Rose Ann Bomentre


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      1:30 PM

      CONT...


      Rose Ann Bomentre


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of SchoolsFirst Federal Credit Union in the amount of $31.63 at a rate no less than

        $31.63 per month for one month.


      2. The Trustee shall pay the secured claim of SchoolsFirst Federal Credit Union in the amount of $31,754.68 at a rate no less than

        $1,499.37 per month for 22 months with interest at the rate of 4% per annum.


      3. Debtors must pay at least $72,743 to the unsecured creditors per the liquidation analysis.


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this

          1:30 PM

          CONT...


          Rose Ann Bomentre


          Chapter 13

          case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan

          1:30 PM

          CONT...


          Rose Ann Bomentre


          Chapter 13

          provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $3,202.50 per month. (Creditor: SchoolsFirst Federal Credit Union).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to

          1:30 PM

          CONT...


          Rose Ann Bomentre


          Chapter 13

          sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b)

          1:30 PM

          CONT...


          Rose Ann Bomentre


          Chapter 13

          conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


      6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, the 2016 Ford Flex and the 2016 Ford Fiesta (collectively, "Abandoned Property") are hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and,

1:30 PM

CONT...


Rose Ann Bomentre


Chapter 13

therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co- debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Rose Ann Bomentre Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15875


Rose Ann Bomentre


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Rose Ann Bomentre Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15921


Joseph S Dews


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 15


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:


On September 15, 2020, the Court entered a scheduling order [docket #29] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #58] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 9, 2020 [docket #15] ("Plan") on the terms set forth in the Statement and the attached worksheet.

1:30 PM

CONT...


Joseph S Dews


Chapter 13


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 25, 2021 [docket #59] agreeing with the Trustee’s terms in the Statement and the worksheet.


The Debtors have not objected to the Court’s procedures order [docket #27] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 1, 2020, the monthly plan payment is $2,550. Starting March 1, 2021, the monthly plan payment is $2,610.


    The due date for each payment is the 1st day of each month of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $156,300. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.

    1:30 PM

    CONT...


    Joseph S Dews


    Chapter 13


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,335, counsel is entitled to payment of $2,665 from the estate at a rate no more than $110 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of

      1:30 PM

      CONT...


      Joseph S Dews


      Chapter 13

      Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Mill City Mortgage in the amount of $41,267.89 at a rate no less than $687.80 per month for 60 months.


      2. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.

        1:30 PM

        CONT...


        Joseph S Dews


        Chapter 13

  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.

      1:30 PM

      CONT...


      Joseph S Dews


      Chapter 13

    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $1,622.03 per month to the creditor Mill City Mortgage.

      Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor. Other than those few payments by the Debtors prior to

      1:30 PM

      CONT...


      Joseph S Dews


      Chapter 13

      October of 2020, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the limited period of time during which they are responsible for making Direct Payments.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant

      1:30 PM

      CONT...


      Joseph S Dews


      Chapter 13

      to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first

1:30 PM

CONT...


Joseph S Dews


Chapter 13

default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Joseph S Dews Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15921


Joseph S Dews


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 1


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Joseph S Dews Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15925


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 15, 2020, the Court entered a scheduling order [docket #20] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 25, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #41] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on August 31, 2020 [docket #2] ("Plan") on the

1:30 PM

CONT...


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 25, 2021 [docket #42] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 1, 2020, the monthly plan payment is $6,000.

    1:30 PM

    CONT...


    Richard Allen Rodgers and Judith Anne Rodgers

    Starting March 1, 2021, the monthly plan payment is $6,108.


    Chapter 13


    The due date for each payment is the 1st day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $365,940. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $6,000; having previously received $2,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $400 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $1,709.03 at a rate no less than $28.48 per month for 60 months.


      2. The Trustee shall pay the secured claim of the County of San Bernardino in the amount of $8,490.67 at a rate no less than

        $215.61 per month for 60 months with interest at the rate of 18% per annum.


      3. The Trustee shall pay the secured claim of Freedom Mortgage Corporation in the amount of $79,060.82 at a rate no less than

        $1,317.68 per month for 60 months.


      4. The Trustee shall pay the secured claim of American Credit Accept in the amount of $14,637.15 at a rate no less than

        $276.22 per month for 60 months with interest at the rate of 5% per annum.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      6. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


  4. Additional provisions:

    1:30 PM

    CONT...


    Richard Allen Rodgers and Judith Anne Rodgers


    Chapter 13


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the junior mortgage against the residence of the Debtors.

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      (Creditor: US Department of Housing and Urban Development).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $3,215.17 per month to the creditor Freedom Mortgage Corporation. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or

      1:30 PM

      CONT...


      Richard Allen Rodgers and Judith Anne Rodgers


      Chapter 13

      any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, the 2006 Lincoln Navigator ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Richard Allen Rodgers Represented By Paul Y Lee

Joint Debtor(s):

Judith Anne Rodgers Represented By Paul Y Lee

1:30 PM

CONT...

Trustee(s):


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15925


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan 10-7-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Richard Allen Rodgers Represented By Paul Y Lee

Joint Debtor(s):

Judith Anne Rodgers Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15939


Carol A Casper


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-22-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carol A Casper Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15939


Carol A Casper


Chapter 13


#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-22-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carol A Casper Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16012


Rochelle Anne Baker


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rochelle Anne Baker Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16012


Rochelle Anne Baker


Chapter 13


#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rochelle Anne Baker Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16043


Marilyn Lanzon Tan


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 15, 2020, the Court entered a scheduling order [docket #17] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #32] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 3, 2020 [docket #2] ("Plan") on the

1:30 PM

CONT...


Marilyn Lanzon Tan


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 26, 2021 [docket #33] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #7] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 3, 2020, the monthly plan payment is $2,350.

    1:30 PM

    CONT...


    Marilyn Lanzon Tan

    Starting March 3, 2021, the monthly plan payment is $2,423.


    Chapter 13


    The due date for each payment is the 3rd day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $145,015. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,335, counsel is entitled to payment of $3,665 from the estate at a rate no more than $75 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Select Portfolio Servicing in the amount of $326.19 at a rate no less than $15.53 per month for 21 months.


      2. The Trustee shall pay the secured claim of Planet Home Lending in the amount of $125,483.14 at a rate no less than

        $2,104.70 per month for 60 months with interest at the rate of .25% per annum.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

      no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,073.79 per month. (Creditor: Select Portfolio Servicing).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

      obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      1:30 PM

      CONT...


      Marilyn Lanzon Tan


      Chapter 13

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Marilyn Lanzon Tan Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16043


Marilyn Lanzon Tan


Chapter 13


#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Marilyn Lanzon Tan Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16053


Jeff Chandler Smith and Ramona Crystal Smith


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 8


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 15, 2020, the Court entered a scheduling order [docket #19] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 1:30 p.m.


On January 25, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #37] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on January 20, 2021 [docket #35] ("Plan")

1:30 PM

CONT...


Jeff Chandler Smith and Ramona Crystal Smith


Chapter 13

on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 26, 2021 [docket #38] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,389 commencing on October 3, 2020. The due date for each payment is the 3rd day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $83,340. Debtors must pay sufficient funds

    1:30 PM

    CONT...


    Jeff Chandler Smith and Ramona Crystal Smith


    Chapter 13

    to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $4,500; having previously received $1,334, counsel is entitled to payment of $3,166 from the estate at a rate no more than $316.60 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the

      1:30 PM

      CONT...


      Jeff Chandler Smith and Ramona Crystal Smith

      preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      1:30 PM

      CONT...


      Jeff Chandler Smith and Ramona Crystal Smith


      Chapter 13

  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this

      1:30 PM

      CONT...


      Jeff Chandler Smith and Ramona Crystal Smith


      Chapter 13

      Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):

      1:30 PM

      CONT...


      Jeff Chandler Smith and Ramona Crystal Smith

      All payments for the senior mortgage against the residence of the Debtors.


      Chapter 13

      (Creditor: Celink Reverse Mortgage).


      All payments for the homeowners association for the residence of the Debtors in the approximate amount of $30 per month. (Creditor: Sun City Core).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy

      1:30 PM

      CONT...


      Jeff Chandler Smith and Ramona Crystal Smith


      Chapter 13

      rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is

1:30 PM

CONT...


Jeff Chandler Smith and Ramona Crystal Smith


Chapter 13

twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Jeff Chandler Smith Represented By Jeremiah D Raxter

Joint Debtor(s):

Ramona Crystal Smith Represented By Jeremiah D Raxter

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16053


Jeff Chandler Smith and Ramona Crystal Smith


Chapter 13


#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 1


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Jeff Chandler Smith Represented By Jeremiah D Raxter

Joint Debtor(s):

Ramona Crystal Smith Represented By Jeremiah D Raxter

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16076


Ana D. Guevara


Chapter 13


#23.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-7-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ana D. Guevara Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16076


Ana D. Guevara


Chapter 13


#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 10-7-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ana D. Guevara Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16079


Pamela Polston


Chapter 13


#25.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pamela Polston Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16079


Pamela Polston


Chapter 13


#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-8-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pamela Polston Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16096


Gregory Clay Johnson, Sr.


Chapter 13


#27.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Clay Johnson Sr. Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16096


Gregory Clay Johnson, Sr.


Chapter 13


#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregory Clay Johnson Sr. Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16109


Carla Ewelan


Chapter 13


#29.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-2-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carla Ewelan Represented By

Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16109


Carla Ewelan


Chapter 13


#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-2-21; CONT'D TO 4-12-21 AT 10:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carla Ewelan Represented By

Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16140


Jose Alejandro Contreras


Chapter 13


#31.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 23, 2020, the Court entered a scheduling order [docket #23] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 2:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #42] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 15, 2020 [docket #33] ("Plan")

2:30 PM

CONT...


Jose Alejandro Contreras


Chapter 13

on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 22, 2021 [docket #43] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 8, 2020, the monthly plan payment is $2,000.

    2:30 PM

    CONT...


    Jose Alejandro Contreras

    Starting March 8, 2021, the monthly plan payment is $3,303.


    Chapter 13


    The due date for each payment is the 8th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $191,665. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $6,000; having previously received $2,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $400 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      2:30 PM

      CONT...


      Jose Alejandro Contreras


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      2:30 PM

      CONT...


      Jose Alejandro Contreras


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Loancare LLC in the amount of $5,876.58 at a rate no less than $97.94 per month for 60 months.


      2. The Trustee shall pay the secured claim of Cornerstone Financial in the amount of $80,357.50 at a rate no less than

        $1,339.29 per month for 60 months.


      3. The Trustee shall pay the secured claim of Golden 1 Credit Union in the amount of $1,362.27 at a rate no less than $25.71 per month for 60 months with interest at the rate of 5% per annum.


        4 The Trustee shall pay the secured claim of American First Finance in the amount of $1,186.27 at a rate no less than $22.38 per month for 60 months with interest at the rate of 5% per annum.


        1. The Trustee shall pay the secured claim of Portfolio Recovery Associates in the amount of $6,486.56 at a rate no less than

          $122.42 per month for 60 months with interest at the rate of 5% per annum.


        2. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.

        2:30 PM

        CONT...


        Jose Alejandro Contreras


        Chapter 13


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.

          2:30 PM

          CONT...


          Jose Alejandro Contreras

        7. In the event of any differences between the terms of the Plan and this


          Chapter 13

          Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case

          2:30 PM

          CONT...


          Jose Alejandro Contreras


          Chapter 13

          (collectively, "Direct Payments"):


          All payments for the junior mortgage against the residence of the Debtors. (Creditor: US Department of Housing and Urban Development).


          All payments for the automobile loan for the 2012 Dodge Ram in the approximate amount of $454.09 per month. (Creditor: Golden 1 Credit Union).


          All payments for the automobile loan for the 2012 Ford Edge in the approximate amount of $514.39 per month. (Creditor: Wheels Financial Group).


          With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in March of 2021 in the approximate amount of $1,087.29 per month to the creditor Loancare LLC. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or

          2:30 PM

          CONT...


          Jose Alejandro Contreras


          Chapter 13

          otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration.

          2:30 PM

          CONT...


          Jose Alejandro Contreras


          Chapter 13

          The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Jose Alejandro Contreras Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16140


Jose Alejandro Contreras


Chapter 13


#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-21-20


Docket 2

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Jose Alejandro Contreras Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16144

Kelvin Bernard McFarland

Chapter 13

#33.00 Confirmation of Chapter 13 Plan

FROM: 11-4-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kelvin Bernard McFarland Represented By Stephen S Smyth William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16144


Kelvin Bernard McFarland


Chapter 13


#34.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-21-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kelvin Bernard McFarland Represented By Stephen S Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16190


Darnell Lamont Butler


Chapter 13


#35.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 11-6-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Darnell Lamont Butler Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16190


Darnell Lamont Butler


Chapter 13


#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-21-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 11-6-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Darnell Lamont Butler Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16255


Jaliyah Zayalie Rutledge


Chapter 13


#37.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaliyah Zayalie Rutledge Represented By Rhonda Walker

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16255


Jaliyah Zayalie Rutledge


Chapter 13


#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 9-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaliyah Zayalie Rutledge Represented By Rhonda Walker

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16256


Chris Pagtakhan


Chapter 13


#39.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 23, 2020, the Court entered a scheduling order [docket #16] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 2:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 15, 2020 [docket #2] ("Plan") on the

2:30 PM

CONT...


Chris Pagtakhan


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 23, 2021 [docket #27] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 15, 2020, the monthly plan payment is $640.

    2:30 PM

    CONT...


    Chris Pagtakhan

    Starting February 15, 2021, the monthly plan payment is $667.


    Chapter 13


    The due date for each payment is the 15th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $39,912. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $4,000; having previously received $2,000, counsel is entitled to payment of $2,000 from the estate at a rate no more than $200 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      2:30 PM

      CONT...


      Chris Pagtakhan


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      2:30 PM

      CONT...


      Chris Pagtakhan


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and

      2:30 PM

      CONT...


      Chris Pagtakhan


      Chapter 13

      timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.

      2:30 PM

      CONT...


      Chris Pagtakhan

    12. The last sentence of section II(A) of the Plan is hereby stricken and


      Chapter 13

      shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,309.55 per month. (Creditor: Carrington Mortgage Services).


      All payments for the automobile loan for the 2018 Honda Civic in the approximate amount of $568.84 per month. (Creditor: American Honda Finance).


      All payments for the automobile loan for the 2018 Nissan Pathfinder in the approximate amount of $715 per month. (Creditor: Nissan Motor Acceptance).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the

      2:30 PM

      CONT...


      Chris Pagtakhan


      Chapter 13

      obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      2:30 PM

      CONT...


      Chris Pagtakhan


      Chapter 13

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Chris Pagtakhan Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16256


Chris Pagtakhan


Chapter 13


#40.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20


Docket 0


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.


Party Information

Debtor(s):

Chris Pagtakhan Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16271


Joe Allan Atkinson, Jr.


Chapter 13


#41.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 11-9-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joe Allan Atkinson Jr. Represented By Kevin M Mahan

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16271


Joe Allan Atkinson, Jr.


Chapter 13


#42.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 11-9-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joe Allan Atkinson Jr. Represented By Kevin M Mahan

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16289


Michael W Elmassian and Teresa Marie Corrente-


Chapter 13


#43.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 23, 2020, the Court entered a scheduling order [docket #18] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 2:30 p.m.


On January 25, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 16, 2020 [docket #2] ("Plan") on the

2:30 PM

CONT...


Michael W Elmassian and Teresa Marie Corrente-


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 25, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $500 commencing on October 16, 2020. The due date for each payment is the 16th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 10% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $30,000. Debtors must pay sufficient funds to

    2:30 PM

    CONT...


    Michael W Elmassian and Teresa Marie Corrente-


    Chapter 13

    pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $100 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the

      2:30 PM

      CONT...


      Michael W Elmassian and Teresa Marie Corrente-

      preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:

2:30 PM

CONT...


Michael W Elmassian and Teresa Marie Corrente-

  1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $347.52 at a rate no less than $15.11 per month for 23 months.


    Chapter 13


  2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $18,846 at a rate no less than $314.10 per month for 60 months.


  3. Gross income over $65,000 is pledged to the Plan less tax deductions.


  4. Additional provisions:


    1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not

      2:30 PM

      CONT...


      Michael W Elmassian and Teresa Marie Corrente-


      Chapter 13

      be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other

      2:30 PM

      CONT...


      Michael W Elmassian and Teresa Marie Corrente-


      Chapter 13

      attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $1,515.60 per month. (Creditor: Rushmore Loan).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue,

      2:30 PM

      CONT...


      Michael W Elmassian and Teresa Marie Corrente-


      Chapter 13

      suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each

      2:30 PM

      CONT...


      Michael W Elmassian and Teresa Marie Corrente-


      Chapter 13

      year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Michael W Elmassian Represented By Paul Y Lee

Joint Debtor(s):

Teresa Marie Corrente-Elmassian Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16289


Michael W Elmassian and Teresa Marie Corrente-


Chapter 13


#44.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20


Docket 1

Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

Party Information

Debtor(s):

Michael W Elmassian Represented By Paul Y Lee

Joint Debtor(s):

Teresa Marie Corrente-Elmassian Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16314


Michael Hancock and Stephanie Hancock


Chapter 13


#45.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 0

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Hancock Represented By Sundee M Teeple

Joint Debtor(s):

Stephanie Hancock Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16314


Michael Hancock and Stephanie Hancock


Chapter 13


#46.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20

Docket 3

*** VACATED *** REASON: CASE DISMISSED 2-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Hancock Represented By Sundee M Teeple

Joint Debtor(s):

Stephanie Hancock Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16316


Esmeralda Quezada Mejia


Chapter 13


#47.00 Confirmation of Chapter 13 Plan


FROM: 11-4-20


Docket 2


Tentative Ruling:

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. If the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, written confirmation order with the following terms:

On September 23, 2020, the Court entered a scheduling order [docket #14] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for February 8, 2021 at 2:30 p.m.


On January 20, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 18, 2020 [docket #2] ("Plan") on the

2:30 PM

CONT...


Esmeralda Quezada Mejia


Chapter 13

terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on January 26, 2021 [docket #27] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On February 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on February 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is hereby confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 18, 2020, the monthly plan payment is $707.

    2:30 PM

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    Esmeralda Quezada Mejia

    Starting October 18, 2024, the monthly plan payment is $1,152.


    Chapter 13


    The due date for each payment is the 18th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $47,760. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which

      2:30 PM

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      Esmeralda Quezada Mejia


      Chapter 13

      proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any

      2:30 PM

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      Esmeralda Quezada Mejia


      Chapter 13

      Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Flagstar Bank in the amount of $149.56 at a rate no less than $149.56 per month for one month.


      2. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


      3. Debtors must pay at least $40,944 to the unsecured creditors per the liquidation analysis.


      4. Additional provisions:


        1. Any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. In this case, encumbrances and liens may only be modified pursuant to an adversary proceeding or by separate motion. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor

          2:30 PM

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          Esmeralda Quezada Mejia


          Chapter 13

          confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.

          2:30 PM

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          Esmeralda Quezada Mejia


          Chapter 13

        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,502.28 per month. (Creditor: Flagstar Bank).


          All payments for the automobile loan for the 2017 Ford Explorer in the approximate amount of $441 per month. (Creditor: Altura Credit Union).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to

          2:30 PM

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          Esmeralda Quezada Mejia


          Chapter 13

          sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b)

          2:30 PM

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          Esmeralda Quezada Mejia


          Chapter 13

          conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


          Party Information

          Debtor(s):

          Esmeralda Quezada Mejia Represented By Paul Y Lee

          Trustee(s):

          Rod Danielson (TR) Pro Se

          2:30 PM

          6:20-16316


          Esmeralda Quezada Mejia


          Chapter 13


          #48.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20


          Docket 2

          Tentative Ruling:

          Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible for both the confirmation hearing and the status conference. Whoever appears for the debtors must be prepared to approve the form of the confirmation order.

          Party Information

          Debtor(s):

          Esmeralda Quezada Mejia Represented By Paul Y Lee

          Trustee(s):

          Rod Danielson (TR) Pro Se

          3:30 PM

          6:19-20684

          Kevin Michael Hunter, Jr. and Nicole Marie Hunter

          Chapter 13

          #49.00 Confirmation of Chapter 13 Plan

          FROM: 1-22-20, 4-10-20, 7-31-20, 12-15-20

          Docket 1

          *** VACATED *** REASON: CASE DISMISSED 2-2-21

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Kevin Michael Hunter, Jr. Represented By Melissa A Raskey

          Joint Debtor(s):

          Nicole Marie Hunter Represented By Melissa A Raskey

          Trustee(s):

          Rod Danielson (TR) Pro Se

          3:30 PM

          6:19-20684


          Kevin Michael Hunter, Jr. and Nicole Marie Hunter


          Chapter 13


          #50.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-15-20, 4-10-20, 7-31-20, 12-15-20


          Docket 8

          *** VACATED *** REASON: CASE DISMISSED 2-2-21

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Kevin Michael Hunter, Jr. Represented By Melissa A Raskey

          Joint Debtor(s):

          Nicole Marie Hunter Represented By Melissa A Raskey

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-11321


          Kathryn Florence Butler


          Chapter 13


          #51.00 Confirmation of Chapter 13 Plan


          FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20


          Docket 30

          *** VACATED *** REASON: CASE DISMISSED 10-20-20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Kathryn Florence Butler Represented By Nima S Vokshori

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-11321


          Kathryn Florence Butler


          Chapter 13


          #52.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 10-28-20


          Docket 1

          *** VACATED *** REASON: CASE DISMISSED 10-20-20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Kathryn Florence Butler Represented By Nima S Vokshori

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-11644


          Juan Felipe Angeles, Jr. and Candida Yessenia Aguilar


          Chapter 13


          #53.00 Confirmation of Chapter 13 Plan


          FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20


          Docket 6

          *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-3-21; CONT'D TO 4-12-21 AT 11:00 A.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Juan Felipe Angeles Jr. Represented By

          M. Wayne Tucker

          Joint Debtor(s):

          Candida Yessenia Aguilar Represented By

          M. Wayne Tucker

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-11644


          Juan Felipe Angeles, Jr. and Candida Yessenia Aguilar


          Chapter 13


          #54.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 10-28-20


          Docket 6

          *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-3-21; CONT'D TO 4-12-21 AT 11:00 A.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Juan Felipe Angeles Jr. Represented By

          M. Wayne Tucker

          Joint Debtor(s):

          Candida Yessenia Aguilar Represented By

          M. Wayne Tucker

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-14171


          Garfield Stephen Flowers


          Chapter 13


          #55.00 Confirmation of Chapter 13 Plan


          FROM: 8-5-20, 10-28-20


          Docket 1

          *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-3-21; CONT'D TO 4-12-21 AT 11:00 A.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Garfield Stephen Flowers Represented By

          M. Wayne Tucker

          Trustee(s):

          Rod Danielson (TR) Pro Se

          4:00 PM

          6:20-14171


          Garfield Stephen Flowers


          Chapter 13


          #56.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 10-28-20


          Docket 4

          *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-3-21; CONT'D TO 4-12-21 AT 11:00 A.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Garfield Stephen Flowers Represented By

          M. Wayne Tucker

          Trustee(s):

          Rod Danielson (TR) Pro Se

          1:00 PM

          6:17-17472


          Aguina Aguina


          Chapter 7


          #1.00 Hrg re motion to compel abandonment of property of the estate


          Docket 272


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Aguina Aguina Represented By

          W. Derek May

          Trustee(s):

          Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

          1:00 PM

          6:18-11111


          Universal Surveillance Systems, LLC


          Chapter 7


          #2.00 Hrg re application to employ FitzGerald & Mule LLP as special labor and employment counsel


          Docket 126


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Universal Surveillance Systems, Represented By

          Jeffrey I Golden

          Trustee(s):

          Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C Tinho Mang

          1:00 PM

          6:19-20060


          Florencio Castro Martinez


          Chapter 7


          #3.00 Hrg re trustee's final report and applications for compensation


          Docket 36

          Tentative Ruling:

          Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


          The Court thanks the trustee for his efforts and for administering a case with few non-exempt assets. The recovery was small but it will allow the trustee to pay approximately 50% of general unsecured claims. That is an excellent result in a case with such few assets. Well done!


          Pursuant to the trustee's final report, the following administrative claims will be allowed:


          1. Trustee: fees of $862.37.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Florencio Castro Martinez Represented By George P Hobson Jr

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:00 PM

6:20-13919


Donald Ray Paulson


Chapter 7


#4.00 Hrg re trustee's motion to sell real property located at 1615 Bellevue Road, Readlands, CA; (1) outside the ordinary course of business; (2) free and clear of liens, claims, and interests under 11 U.S.C. Section 363(f) with all such liens, claims, and interests to attach to proceeds of sale; (3) for good faith determination under 11 U.S.C. Section 363(m); and (4) for waiver of 14-days stay


Docket 63


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Ray Paulson Represented By Ronald W Ask

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

Garcia Reed & Ramirez LLP

1:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#5.00 Hrg re motion to extend time to file a plan of reorganization


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:00 PM

6:20-17506


Gary Outzen


Chapter 11


#6.00 Hrg re motion for order waiving compliance with certain UST reporting requirements


Docket 35

*** VACATED *** REASON: ORDER ENTERED 2-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Outzen Represented By

Todd L Turoci

Trustee(s):

Caroline Renee Djang (TR) Pro Se

2:00 PM

6:20-17506


Gary Outzen


Chapter 11


#7.00 Hrg re motion by United States Trustee to convert or dismiss chapter 11 case or remove debtor from possession


Docket 26

*** VACATED *** REASON: ORDER ENTERED 2-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Outzen Represented By

Todd L Turoci

Trustee(s):

Caroline Renee Djang (TR) Pro Se

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7


#8.00 Hrg re motion for order extending time to file actions Under 11 U.S.C. § 546


Docket 0

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 1-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

11:00 AM

6:21-10092


Wilson Towing LLC Respondent Superior


Chapter 7


#1.00 Hrg re emergency motion to dismiss petition for involuntary bankruptcy


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Wilson Towing LLC Respondent Represented By

Robert K Wing

1:30 PM

6:20-18103


Dolores Marina Mendez


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dolores Marina Mendez Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-18183


Ryan Andrew Murphy and Monique Antoinette Murphy


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Andrew Murphy Represented By Paul Y Lee

Joint Debtor(s):

Monique Antoinette Murphy Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10007


Mia Susanne Moyer


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mia Susanne Moyer Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10008


Carlos Juarez, Jr. and Cynthia Montanez


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Juarez Jr. Represented By Michael D Franco

Joint Debtor(s):

Cynthia Montanez Represented By Michael D Franco

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10013


Carlos R. Garcia-Prieto


Chapter 13


#5.01 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos R. Garcia-Prieto Represented By Cynthia A Dunning

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-16893


Laura Gay McDade


Chapter 13


#6.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 50

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura Gay McDade Represented By Keith Q Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-18622


Rene Bocanegra


Chapter 13


#7.00 Hrg re trustee's motion to dismiss case regarding unreasonable delay


Docket 67

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-20-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rene Bocanegra Represented By Michael Smith Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-11643


Michael Alvarez and Roxanne E Alvarez


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 127

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-19- 21; ADVANCED TO 1-27-21 AT 2:25 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Alvarez Represented By Michael Smith Sundee M Teeple Craig K Streed

Joint Debtor(s):

Roxanne E Alvarez Represented By Michael Smith Sundee M Teeple Craig K Streed

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-13880


Longino Navarro


Chapter 13


#9.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 59

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1-19-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Longino Navarro Represented By Patricia A Mireles

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-11896


Steven Zamarripa


Chapter 13


#10.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 118

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Zamarripa Represented By Andy C Warshaw

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-17577


Marsha M. Zachary


Chapter 13


#11.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 1/21/22

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marsha M. Zachary Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-11893


Jesus Garcia Rodriguez and Rosalba Garcia Carranza


Chapter 13


#12.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 1-10-18 to 1-10-18


Docket 59

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-4-21; CONT'D TO 4-21-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Garcia Rodriguez Represented By Jenny L Doling

Joint Debtor(s):

Rosalba Garcia Carranza Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-11893


Jesus Garcia Rodriguez and Rosalba Garcia Carranza


Chapter 13


#13.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 3-19-19 to 3-19-19


Docket 60

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-4-21; CONT'D TO 4-21-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Garcia Rodriguez Represented By Jenny L Doling

Joint Debtor(s):

Rosalba Garcia Carranza Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-11893


Jesus Garcia Rodriguez and Rosalba Garcia Carranza


Chapter 13


#14.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 2-19-20 to 2-19-20


Docket 61

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-4-21; CONT'D TO 4-21-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Garcia Rodriguez Represented By Jenny L Doling

Joint Debtor(s):

Rosalba Garcia Carranza Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-11959


Angel Tellez Zamudio


Chapter 13


#15.00 Hrg re motion for order disallowing claim number 5 filed by Ally Bank


Docket 39

Tentative Ruling:

Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). Secured claim #5 in the amount of $20,214.74 filed by Ally Bank is hereby deemed paid in full and disallowed on that basis


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Angel Tellez Zamudio Represented By

2:00 PM

CONT...


Trustee(s):


Angel Tellez Zamudio


Dana Travis


Chapter 13

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17897


Sandra K. Shea


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra K. Shea Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17950


Maria Del Rosario Jimenez


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Del Rosario Jimenez Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-18078


Michelle Renee Maria Andrade


Chapter 13


#18.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-5-21; CONT'D TO 5-10-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:16-18115


Antony Alkas and Pamela Olson


Chapter 13


#18.01 Hrg re trustee's motion to dismiss case regarding delinquency


ADVANCED FROM 2-24-21


Docket 113


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Antony Alkas Represented By Susan Jill Wolf

Joint Debtor(s):

Pamela Olson Represented By Susan Jill Wolf

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:19-14068


Rachelle Anne Dancause


Chapter 13


#19.00 Motion for relief from stay


RANCHO CALIFORNIA RV RESORT OWNERS VS DEBTOR


Property: 45-525 HWY 79 #10, Aguanga, CA 92536 [Real Prop] Reilly D. Wilkinson, attorney/movant


Docket 38


Tentative Ruling:

The motion for relief from stay has been filed by a homeowners' association: Rancho California RV Resort Owners Assocation ("Rancho"). The motion asserts that Rancho has not been paid eight post-petition HOA payments. However, paragraphs 3(f)(1) and 5(a) of the confirmation order entered on June 26, 2019 specifically provide that the trustee would pay both the pre-petition arrears and the post-petition HOA dues. And according to the latest report filed by the trustee on September 30, 2020 [docket #36] the trustee has been making both sets of payments. The report indicates the trustee has paid $4,329.60 on account of the pre-petition claim and $6,870 on account of the post-petition HOA dues. Assuming the trustee's report is accurate then, if Rancho has been properly applying the payments, the relief from stay motion would not appear to be well founded.

Party Information

Debtor(s):

Rachelle Anne Dancause Represented By Julie J Villalobos

Movant(s):

Rancho California RV Resort Represented By Reilly D Wilkinson

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:15-17923


Amber A Wood


Chapter 13


#20.00 Hrg re application of attorney for debtor for additional fees and related expenses FROM: 7-22-20, 10-28-20, 12-2-20


Docket 187

Tentative Ruling:

Final Ruling. This is a continued hearing regarding the supplemental fee application of the Law Offices of Michael Jay Berger. No appearance is necessary.


As requested and discussed in the various pleadings, the court approves fees and costs to The Law Offices of Michael Jay Berger in the amount of $3,325 in fees and $193.48 in expenses.


The moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Amber A Wood Represented By Michael Jay Berger

3:00 PM

CONT...

Movant(s):


Amber A Wood


Chapter 13

Amber A Wood Represented By Michael Jay Berger

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:20-16060


Atoshaa Marie Turner


Chapter 7


#1.00 Hrg re reaffirmation agreement filed 11-18-20 between Debtor and Hyundai Capital America DBA Kia Motors Finance in the amount of $1,631.15


RE: 2015 Kia Optima FROM: 1-14-21


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Atoshaa Marie Turner Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

8:30 AM

6:20-16442


Mike Luis Vega


Chapter 7


#2.00 Hrg re reaffirmation agreement filed 11-29-20 between Debtor and U.S. Bank National Association in the amount of $40,465.95


RE: 2018 Chevrolet Truck Silverado 1500


FROM: 1-14-21


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike Luis Vega Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

8:30 AM

6:20-16890


Matthew Michael Bomengen


Chapter 7


#3.00 Hrg re reaffirmation agreement filed 12-9-20 between Debtor and Bank of America, N.A. in the amount of $19,893.59


RE: 2018 Honda Accord Sedan #3147


FROM: 1-13-21


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Matthew Michael Bomengen Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

8:30 AM

6:20-17448


Alan Justus Mash


Chapter 7


#4.00 Hrg re reaffirmation agreement filed 12-18-20 between Debtor and Bank of the West in the amount of $41,002.35


RE: 2017 Jayco North TT FROM: 1-13-21


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alan Justus Mash Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-16554


Velia Juarez


Chapter 7


#5.00 Motion for relief from stay

U.S. BANK TRUST NATIONAL VS DEBTOR Property: 16404 Barbee Street, Fontana, CA 92336

[Real Prop] Erica Taylor Loftis Pacheco, attorney/movant


Docket 13

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Velia Juarez Represented By

Neil R Hedtke

Movant(s):

U.S. Bank Trust National Represented By

Erica T Loftis Pacheco

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-17610


Ruben Velasquez Heredia and Idalia Velazquez


Chapter 7


#6.00 Motion for relief from stay


TOYOTA MOTOR CREDIT CORPORATION VS. DEBTORS


Property: 2020 Toyota 4Runner

[Personal Prop] Austin P. Nagel, attorney/movant


Docket 18

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Velasquez Heredia Represented By Todd L Turoci

Joint Debtor(s):

Idalia Velazquez Represented By Todd L Turoci

Movant(s):

TOYOTA MOTOR CREDIT Represented By Austin P Nagel

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:20-17744


Robert Alexander Miller


Chapter 7


#7.00 Motion for relief from stay MOBARZA KHAN VS DEBTOR

Property: Superior Court Docket Number CIVDS1936885 [Non Bk Forum] Rashid Shamin, attorney/movant


Docket 10

*** VACATED *** REASON: ORDER DENYING MOTION ENTERED 1

-29-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Alexander Miller Represented By

Ethan Kiwhan Chin

Movant(s):

Mobarza Khan Represented By Rashid Shamin

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-17874


Anabel Paloma Valenciano Alvarez


Chapter 7


#8.00 Motion for relief from stay


SANTANDER CONSUMER USA VS DEBTOR


Property: 2019 Jeep Compass

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anabel Paloma Valenciano Alvarez Represented By

Brian J Soo-Hoo

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:20-18076


Edgar Ayala Ortiz and Eymi Ayala Quintino


Chapter 7


#9.00 Motion for relief from stay


TOYOTA MOTOR CREDIT CORPORATION VS DEBTORS


Property: 2011 Toyota Corolla

[Personal Prop] Austin P. Nagel, attorney/movant


Docket 15

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edgar Ayala Ortiz Represented By Andy Nguyen

Joint Debtor(s):

Eymi Ayala Quintino Represented By Andy Nguyen

Movant(s):

Toyota Motor Credit Corporation Represented By

Austin P Nagel

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:20-18158


Blake Vincent Collins


Chapter 7


#10.00 Motion for relief from stay


PARTNERS FEDEERAL CREDIT UNION VS DEBTOR


Property: 2018 Ford F150

[Personal Prop] Yuri Voronin, attorney/movant


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Blake Vincent Collins Represented By James P Doan

Movant(s):

Partners Federal Credit Union Represented By Yuri Voronin

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:21-10048


Rachel Arlene Campbell


Chapter 7


#11.00 Motion for relief from stay


AMERICREDIT FINANCIAL SERVICES VS DEBTOR


Property: 2020 Chevrolet Equinox

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rachel Arlene Campbell Represented By Neil R Hedtke

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-10130


Paul Anthony Lambert


Chapter 7


#12.00 Motion for relief from stay


AMERICAN HONDA FINANCE CORPORATION VS DEBTOR


Property: 2018 Honda Civic

[Personal Prop] Vincent V. Frounjian, attorney/movant


Docket 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Anthony Lambert Represented By Melissa A Raskey

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:30 AM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#13.00 Status conference re: Complaint to avoid junior lien of Onewest Bank FSB [Property: 14940 Spring Street, Fontana, CA 92335]

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-28- 21; CONT'D TO 3-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

10:30 AM

6:15-18688


Manuel Moreno


Chapter 13

Adv#: 6:20-01175 Moreno et al v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,


#14.00 Status conference re: Complaint to avoid junion lien [Property: 11364 Azure Ct, Fontana, CA 92337]

Docket 1

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 12-22-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Moreno Represented By James P Doan

Defendant(s):

JPMORGAN CHASE BANK, Pro Se

Joint Debtor(s):

Sheryl Moreno Represented By James P Doan

Plaintiff(s):

Sheryl Moreno Represented By Jonathan D Doan

Manuel Moreno Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:15-18688


Manuel Moreno


Chapter 13

Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC


#15.00 Status conference re: Complaint to avoid junior lien [Property: 11364 Azure CT, Fontana, CA 92337]

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-10- 21; CONT'D TO 5-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Moreno Represented By James P Doan

Defendant(s):

Mirabella Investments Group, LLC Pro Se

Joint Debtor(s):

Sheryl Moreno Represented By James P Doan

Plaintiff(s):

Sheryl Moreno Represented By Jonathan D Doan

Manuel Moreno Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

10:30 AM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01177 Bui et al v. BMF CAPITAL LLC d/b/a BUSINESS MERCHANT


#16.00 Status conference re: Complaint for: (1) Declaratory relief; (2) Avoidance of preferential transfers; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims


Docket 1

*** VACATED *** REASON: NTC OF DISMISSAL FILED 1-29-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

BMF CAPITAL LLC d/b/a Pro Se

INFLUX CAPITAL LLC, a New Pro Se

DOES 1 to 4 Pro Se

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

East West Bank Represented By Elmer D Martin III Curtis C. Jung Clifford P Jung

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman

10:30 AM

CONT...


Vario Corp.


Chapter 7

10:30 AM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al


#17.00 Status conference re: Complaint for (1) Declaratory relief; (2) Avoidance of preferential transfer; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-11-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

KINGS CASH GROUP, LLC Pro Se

KALAMATA CAPITAL GROUP Pro Se

Albert Gahfi Pro Se

DOES 1-2 Pro Se

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

East West Bank Represented By Elmer D Martin III Curtis C. Jung Clifford P Jung

10:30 AM

CONT...

Trustee(s):


Vario Corp.


Chapter 7

Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

10:30 AM

6:20-11199


Laura Elsa Aguilar-Recendez


Chapter 7

Adv#: 6:20-01183 Daff v. Avilez


#18.00 Status conference re: (1) Avoidance of interentional fraudulent transfers and recovery of same; (2) Avoidance of constructive fraudulent transfers and recovery of same; (3) Imposition of constructive trust or resulting trust; (4) Unjust enrichment; (5) Declaration relief; (6) Turnover of property of the estate; and (7) Disallowance of claims


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 5-13-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura Elsa Aguilar-Recendez Represented By Marcella Lucente

Defendant(s):

Elsa Avilez Pro Se

Plaintiff(s):

Charles W. Daff Represented By Brandon J Iskander

Trustee(s):

Charles W Daff (TR) Represented By Brandon J Iskander

10:30 AM

6:20-14160


Gilbert C Ramirez, Jr.


Chapter 11

Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al


#19.00 Status conference re: Complaint to deny debtors' discharge


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-11-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gilbert C Ramirez Jr. Represented By Leonard J Cravens

Defendant(s):

Gilbert C Ramirez Jr. Pro Se

Patricia M Ramirez Pro Se

Joint Debtor(s):

Patricia M Ramirez Represented By Leonard J Cravens

Plaintiff(s):

United States Trustee for the Central Represented By

Everett L Green

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

10:30 AM

6:20-14758


Ridge Park Point, LLC


Chapter 7

Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants


#20.00 Status conference re: Complaint (1) Breach of contract; (2) Turnover


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-11-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ridge Park Point, LLC Represented By Joshua J Herndon

Defendant(s):

National Merchants Association, Pro Se

Plaintiff(s):

A. Cisneros, solely in his capacity Represented By

Nathan F Smith

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm Nathan F Smith

11:00 AM

6:17-14073


James Anthony Rojas


Chapter 7

Adv#: 6:20-01160 Tran v. Rojas


#21.00 Status conference re: Complaint for determination of nondischargeability of debt FROM: S/C 12-3-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-11-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Anthony Rojas Represented By Rhonda Walker

Defendant(s):

James Anthony Rojas Pro Se

Plaintiff(s):

San Tran Represented By

Joshua R Engle

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01167 Bui et al v. ML Factors Funding LLC et al


#22.00 Status conference re: Complaint for (1) Declaratory relief; (2) Avoidance of preferential transfers; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims; (5) Avoidance of fraudulent


FROM: S/C 1-7-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 2-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

ML Factors Funding LLC Pro Se

SPG Advance LLC, a New York Pro Se

TVT 2.0, LLC, a Utah Limited Pro Se BP Funding, LLC, a New York LLC Pro Se David Rubin Pro Se

Lazer Preizler Pro Se

Baruch Weinstock Pro Se

Samuel Selmar Pro Se

Asher Fensterheim Pro Se

11:00 AM

CONT...


Vario Corp.


Chapter 7

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

East West Bank Represented By Elmer D Martin III Curtis C Jung Clifford P Jung

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman

1:30 PM

6:15-18688


Manuel Moreno


Chapter 13

Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC


#23.00 Hrg re motion for default judgment


Docket 13

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Moreno Represented By James P Doan

Defendant(s):

Mirabella Investments Group, LLC Pro Se

Joint Debtor(s):

Sheryl Moreno Represented By James P Doan

Plaintiff(s):

Sheryl Moreno Represented By Jonathan D Doan

Manuel Moreno Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:18-13630


Windsor Holdings, LLC


Chapter 7

Adv#: 6:19-01146 Howard B. Grobstein, Chapter 7 Trustee v. Williams et al


#24.00 Pre-Trial conference re: Compliant for (1) Breach of contract; (2) Specific Performance; (3) Turnover; and (4) Disallowance of claims


FROM: S/C 1-16-20, P/T 9-17-20, 11-19-20, 12-10-20


Docket 1

*** VACATED *** REASON: DISMISSAL ORDER ENTERED 2-5-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Windsor Holdings, LLC Represented By

Thomas C Corcovelos

Defendant(s):

Larry Williams Pro Se

New Grand Senior Living, LLC Pro Se

Windsor Business Solutions, Ltd. Pro Se

Plaintiff(s):

Howard B. Grobstein, Chapter 7 Represented By

Anthony A Friedman Todd M Arnold David B Golubchik

Trustee(s):

Howard B Grobstein (TR) Represented By Anthony A Friedman

1:30 PM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01134 Bui et al v. McFarlane et al


#25.00 Status conference re: Complaint for: (1) Breach of employment contract; (2) Breach of duty of loyalty; (3) Breach of fiduciary duties; (4) Constructive fraud;

(5) Intentional interference with prospective economic advantage; (6) Negligent interference with prospective economic advantage; (7) Misappropriation of trade secrets; (8) Unjust enrichment


FROM: S/C 11-5-20, 11-19-20


Docket 1

*** VACATED *** REASON: NTC OF DISMISSAL FILED 1-15-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

Adam McFarlane Pro Se

DOES 1 THROUGH 10 Pro Se

Plaintiff(s):

Lynda Bui Represented By

Leonard M Shulman Elmer D Martin III

East West Bank Represented By Elmer D Martin III

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman

1:30 PM

6:19-13413


Lucia Francia


Chapter 7

Adv#: 6:20-01137 Whitmore v. Francia dba Nelson Francia Trucking Company


#26.00 Status conference re: Complaint for turnover of property FROM: S/C 11-5-20, 11-19-20

Docket 1

*** VACATED *** REASON: NOTICE OF DISMISSAL FILED 1-21-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lucia Francia Represented By Neil R Hedtke

Defendant(s):

Nelson Francia dba Nelson Francia Pro Se

Plaintiff(s):

Robert S. Whitmore Represented By Douglas A Plazak

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

1:30 PM

6:19-16826


Tina Michelle Pogue


Chapter 7

Adv#: 6:20-01146 Grobstein, Chapter 7 Trustee v. VAE Enterprises, Inc. et al


#27.00 Status conference re: Compliant for: (1) Avoidance of actual fraudulent transfer;

(2) Avoidance of constructive fraudulent transfer; and (3) Recovery of avoided transfer


FROM: S/C 12-3-20


Docket 1

*** VACATED *** REASON: DEFAULT JUDGMENT ENTERED 1-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tina Michelle Pogue Represented By Neil R Hedtke

Defendant(s):

VAE Enterprises, Inc. Pro Se

South E Solutions, Inc. Pro Se

Ricardo Carmona Pro Se

Plaintiff(s):

Howard B Grobstein, Chapter 7 Represented By

Ori S Blumenfeld

Trustee(s):

Howard B Grobstein (TR) Represented By Noreen A Madoyan

1:30 PM

6:19-16968


Leon Richard Mays


Chapter 7

Adv#: 6:19-01150 Meng et al v. Mays et al


#28.00 Hrg re motion for stay or abstention of adversary proceeding


Docket 47

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-10- 21; CONT'D TO 3-11-21 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leon Richard Mays Represented By

W. Derek May

Defendant(s):

Leon Richard Mays Represented By Baruch C Cohen

Darryl W Daniels Represented By Baruch C Cohen

Joint Debtor(s):

Darryl W Daniels Represented By

W. Derek May

Plaintiff(s):

Vivian Meng Represented By

Christopher J Langley Michael Smith

Heidi M Cheng

Richard Meng Represented By Christopher J Langley Michael Smith

Heidi M Cheng

1:30 PM

CONT...

Trustee(s):


Leon Richard Mays


Chapter 7

Karl T Anderson (TR) Represented By Tinho Mang

Richard A Marshack

1:30 PM

6:19-18467


Romulo Loera


Chapter 7

Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera


#29.00 Hrg re order to show cause regarding why the answer of the defendant should not be stricken and judgment entered in favor of the plaintiff


FROM: S/C 7-23-20, 8-6-20


Docket 0

*** VACATED *** REASON: ORDER CONT ENTERED 1-14-21; CONT'D TO 8-12-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Romulo Loera Represented By Douglas A Crowder

Defendant(s):

Romulo Loera Pro Se

Plaintiff(s):

Troy Daul and Andrea Daul Trustees Represented By

Douglas A Plazak

Philip A. Radmer and Rita J. Represented By Douglas A Plazak

Mark A. Gilleland and Shirlee I. Represented By Douglas A Plazak

Trustee(s):

Larry D Simons (TR) Represented By David Seror

1:30 PM

6:19-18467


Romulo Loera


Chapter 7

Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera


#30.00 Pre-trial conference re complaint to determine dischargeability and objecting to discharge


FROM: S/C 4-9-20, 5-7-20, 7-2-20, 7-23-20, 8-6-20


Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 1-14-21; CONT'D TO 8-12-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Romulo Loera Represented By Douglas A Crowder

Defendant(s):

Romulo Loera Pro Se

Plaintiff(s):

Troy Daul and Andrea Daul Trustees Represented By

Douglas A Plazak

Philip A. Radmer and Rita J. Represented By Douglas A Plazak

Mark A. Gilleland and Shirlee I. Represented By Douglas A Plazak

Trustee(s):

Larry D Simons (TR) Represented By David Seror

1:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11

Adv#: 6:20-01039 Dani Transport Services, Inc. v. Complete Business Solutions Group aka


#31.00 Pre-Trial conference re: Complaint to avoid and recover preferential and post - petition transfers


FROM: S/C 7-2-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-26- 21; CONT'D TO 2-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Defendant(s):

Complete Business Solutions Group Pro Se

Plaintiff(s):

Dani Transport Services, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-11309


Jonathan Lee Farris


Chapter 7

Adv#: 6:20-01147 Stanford Ventures, LLC v. Farris


#32.00 Status conference re: Complaint to determine dishargeability of debt FROM: S/C 12-3-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 2-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathan Lee Farris Represented By Timothy McFarlin

Defendant(s):

Jonathan Lee Farris Represented By Timothy McFarlin

Plaintiff(s):

Stanford Ventures, LLC Represented By

Richard L. Sturdevant

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe

10:30 AM

6:21-10092


Wilson Towing LLC Respondent Superior


Chapter 7


#1.00 Hrg re status conference on involuntary petition


Docket 1

*** VACATED *** REASON: CASE DISMISSED 2-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Wilson Towing LLC Respondent Pro Se

1:00 PM

6:16-10096


Metropolitan Automotive Warehouse, Inc., a Califor


Chapter 7


#2.00 Hrg re trustee's final report and application for compensation


Docket 1343


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Metropolitan Automotive Represented By Garrick A Hollander Peter W Lianides Jeremy V Richards Andrew B Levin Michael J Kowalski Nina L. Hawkinson

Trustee(s):

Lynda T. Bui (TR) Represented By Melissa Davis Lowe James C Bastian Jr Victor A Sahn

Rika Kido

1:00 PM

6:16-10105


Star Auto Parts, Inc. a California corporation


Chapter 7


#3.00 Hrg re trustee's final report and application for compensation


Docket 239


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Star Auto Parts, Inc. a California Represented By

Garrick A Hollander Jeannie Kim

Peter W Lianides Jeremy V Richards Andrew B Levin

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:00 PM

6:18-16043


Cosmedx Science Inc.


Chapter 7


#4.00 Hrg re trustee's final report and application for compensation


Docket 313


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cosmedx Science Inc. Represented By David B Golubchik

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander James C Bastian Jr Lauren E Raya

1:00 PM

6:18-16585


Oscar Lopez and Lourdes Lopez


Chapter 7


#5.00 Hrg re trustee's final report and applications for compensation



Docket 0


Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for his efforts in this case. The trustee negotiated a settlement agreement with the debtors to recover a relatively small sum ($5,000) and handled the related documents (the agreement, the motion, notice, order, etc.) as well as the collection work (over 18 months) without hiring counsel. That efficiency and effort maximized the recovery to non-administrative creditors. And while the recovery is relatively small, the creditors would not have received anything but for the work on the trustee. Well done!


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,250.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Oscar Lopez Represented By

1:00 PM

CONT...


Oscar Lopez and Lourdes Lopez


Mark E Bauman


Chapter 7

Joint Debtor(s):

Lourdes Lopez Represented By Mark E Bauman

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:00 PM

6:18-19910


Rome Charles Walter and Laura Ruth Walter


Chapter 7


#6.00 Hrg re trustee's final report and application for compensation


Docket 65

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee and his professionals for their efforts in this case. The trustee negotiated a settlement agreement with the debtors to recover a significant sum ($70,000) without hiring counsel. The trustee also successfully objected to multiple claims (again, without hiring counsel). That efficiency and effort maximized the recovery to non-administrative creditors. There were no other readily available non-exempt assets in the case and, therefore, creditors would not have received anything but for the work on the trustee. Well done!


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $6,750 and expenses of $194.80 and


  2. Hahn Fife & Company, LLP: fees of $2,860 and expenses of $397.50.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

1:00 PM

CONT...


Rome Charles Walter and Laura Ruth Walter


Chapter 7


Party Information

Debtor(s):

Rome Charles Walter Represented By

Arnold H. Wuhrman

Joint Debtor(s):

Laura Ruth Walter Represented By

Arnold H. Wuhrman

Trustee(s):

Robert Whitmore (TR) Pro Se

1:00 PM

6:19-13569


Felicia Lynn Tyler


Chapter 7


#7.00 Hrg re trustee's final report and application for compensation


Docket 105

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee and his professionals for their efforts in this challenging case.


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $14,460.43 and expenses of $169.90 and


  2. Goe Forsythe & Hodges LLP: fees of $20,000 and expenses of $470.95.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Felicia Lynn Tyler Represented By Glen J Biondi

1:00 PM

CONT...

Trustee(s):


Felicia Lynn Tyler


Chapter 7

Karl T Anderson (TR) Represented By Robert P Goe Ryan S Riddles

1:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#8.00 Hrg re motion for order approving stipulation authorizing debtor's use of cash collateral and granting adequate protection to secured creditors


Docket 35

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 3-9-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#9.00 Hrg re motion for order to approve compromise controversy and settlement and release agreement between Debtor and Rixon and Associates


Docket 39

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 3-9-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#10.00 Hg re motion to approve compromise between Debtor and Stanley R. Moroz


Docket 41

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 3-9-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

2:00 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#11.00 Hrg re motion of United States Trustee to remove debtor in possession and expand the duties of the subchapter trustee


Docket 265


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

1:30 PM

6:21-10094


Patricia Ann Doublet


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Patricia Ann Doublet Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10114


Francisco Medrano and Claudia Mercedes Medrano


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Francisco Medrano Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10143


Vito Joseph Palmisano


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vito Joseph Palmisano Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10158


Martin Romo


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martin Romo Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10274


Jose Viera Mendoza


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Viera Mendoza Represented By Siamak E Nehoray

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10307


James Richard Church


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Richard Church Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-18115


Antony Alkas and Pamela Olson


Chapter 13


#7.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 113

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-29- 21; ADVANCED TO 2-10-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Antony Alkas Represented By Susan Jill Wolf

Joint Debtor(s):

Pamela Olson Represented By Susan Jill Wolf

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-14552


David Lynn Owens and Gayle Lynn Owens


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 37

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-18- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Lynn Owens Represented By Jonathan D Doan

Joint Debtor(s):

Gayle Lynn Owens Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-16923


Dennis E. Anderson and Kathleen A. Anderson


Chapter 13


#8.01 Hrg re trustee's motion to dismiss case regarding objection to plan confirmation


Docket 35

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-22-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dennis E. Anderson Represented By Joselina L Medrano

Joint Debtor(s):

Kathleen A. Anderson Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:12-37113


Tamela Rochelle Cash-Curry


Chapter 13


#9.00 Hrg re motion to avoid lien with Citibank National Associaton


Docket 95

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-17-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tamela Rochelle Cash-Curry Represented By Andrew Moher

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:12-37113


Tamela Rochelle Cash-Curry


Chapter 13


#10.00 Hrg re motion to avoid lien with Equable Ascent Financial, LLC


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tamela Rochelle Cash-Curry Represented By Andrew Moher

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:12-37113


Tamela Rochelle Cash-Curry


Chapter 13


#11.00 Hrg re motion motion to avoid lien with Discover Bank


Docket 97

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-17-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tamela Rochelle Cash-Curry Represented By Andrew Moher

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17270


Thomas Anthony Zabala and Pamela Jean Zabala


Chapter 13


#12.00 Hrg re motion for order disallowing claim number 21 filed by Comdata, Inc.


Docket 35

Tentative Ruling:

Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). General unsecured claim #21-1 in the amount of $7,687.21 filed by Comdata Inc. is hereby disallowed.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

2:00 PM

CONT...

Debtor(s):


Thomas Anthony Zabala and Pamela Jean Zabala


Chapter 13

Thomas Anthony Zabala Represented By Dana Travis

Joint Debtor(s):

Pamela Jean Zabala Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-18103


Dolores Marina Mendez


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dolores Marina Mendez Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-18183


Ryan Andrew Murphy and Monique Antoinette Murphy


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Andrew Murphy Represented By Paul Y Lee

Joint Debtor(s):

Monique Antoinette Murphy Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10007


Mia Susanne Moyer


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mia Susanne Moyer Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10008


Carlos Juarez, Jr. and Cynthia Montanez


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Juarez Jr. Represented By Michael D Franco

Joint Debtor(s):

Cynthia Montanez Represented By Michael D Franco

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10013


Carlos R. Garcia-Prieto


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-15- 21; CONT'D TO 6-28-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos R. Garcia-Prieto Represented By Cynthia A Dunning

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:16-18384


Beverly Mary Langdon


Chapter 13


#18.00 Motion for relief from stay


REVERSE MORTGAGE FUNDING VS DEBTOR


Property: 31242 Orange Avenue, Nuevo, CA 92567 [Real Prop] Sean C. Ferry, attorney/movant


Docket 55

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-16- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Beverly Mary Langdon Represented By Summer M Shaw

Movant(s):

Reverse Mortgage Funding LLC Represented By

Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:17-12430


Patsy De La Cruz


Chapter 13


#19.00 Motion for relief from stay


CHAMPION MORTGAGE COMPANY VS. DEBTOR


Property: 6025 Tokay Road, Phelan, CA 92329 [Real Prop] Josephine E. Salmon, attorney/movant


Docket 114

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-18- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Patsy De La Cruz Represented By Andy C Warshaw

Movant(s):

Champion Mortgage Company Represented By Josephine E Salmon

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:18-15336


Teresa Hinojos Romo


Chapter 13


#20.00 Motion for relief from stay


THE BANK OF NEW YORK MELLON VS DEBTOR


Property: 15111 Monterey Avenue, Chino Hills, CA 91709 [Real Prop] Sean Ferry, attorney/movant


Docket 58

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-16- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Teresa Hinojos Romo Represented By

D Justin Harelik

Movant(s):

THE BANK OF NEW YORK Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10191


Glenda R Murphy


Chapter 13


#21.00 Motion for relief from stay


CATAMOUNT PROPERTIES 2018, LLC VS DEBTOR


Property: 5812 San Sevaine Rd., Rancho Cucamonga, CA 91739 [UD] Amelia B. Valenzuela, attorney/movant


Docket 8

*** VACATED *** REASON: MEMORANDUM OF DECISION ENTERED 2-18-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Glenda R Murphy Pro Se

Movant(s):

Catamount Properties 2018, LLC, its Represented By

Amelia B. Valenzuela

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:30 PM

6:21-10192


Mary L Lee


Chapter 13


#22.00 Motion for relief from stay


CATAMOUNT PROPERTIES 2018, LLC VS DEBTOR


Property: 5812 San Sevaine Rd., Rancho Cucamonga, CA 91739 [UD] Amelia B. Valenzuela, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-16- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary L Lee Pro Se

Movant(s):

Catamount Properties 2018, LLC, its Represented By

Amelia B. Valenzuela

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:30 PM

6:21-10538


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#23.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Movant(s):

Paul Joseph Elwart Represented By Paul Y Lee

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10623


Cecilia Leonard


Chapter 13


#24.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


Docket 8


Tentative Ruling:

The following cases stand for the proposition that a bankruptcy case is no longer "pending" once it is dismissed (even if the case is closed months later). It is the date of dismissal that controls whether a case is pending rather than the date the case is closed. The court has not found any contrary authority.

In re Moore, 337 B.R. 79 (Bankr. E.D.N.C. 2005)

In re Williams, 363 B.R. 786 (Bankr. E.D.Va. 2006) In re Lundquist, 371 B.R. 183 (Bankr. N.D. Tex. 2007)

In re Franklin, 2006 Bankr. LEXIS 4085 (Bankr. D.S.C. June 12, 2006)

In re Easthope, 2006 Bankr. LEXIS 826 (Bankr. D. Utah Mar. 28, 2006) Windcrest Park Townhome Ass'n v. Walker (In re Walker), 2019 Bankr.

LEXIS 2465 (Bankr. N.D. Ga. Aug. 8, 2019)


Party Information

Debtor(s):

Cecilia Leonard Represented By Benjamin R Heston

Movant(s):

Cecilia Leonard Represented By

2:30 PM

CONT...


Trustee(s):


Cecilia Leonard


Benjamin R Heston


Chapter 13

Rod Danielson (TR) Pro Se

1:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#1.00 Hrg re motion to avoid junior lien on principal residence or in the alternative application for entry of order nunc pro tunc on motion to avoid junior lien on principal residence upon Citibank N.A.


[Property: 4525 Center Ave., Norco, CA 92860]


FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21


Docket 105

*** VACATED *** REASON: ORDER ENTERED 2-10-21; CONT'D TO 5

-13-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

1:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#2.00 Hrg re objection to claim number 10 filed by Citibank N.A. FROM: 5-6-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21


Docket 110

*** VACATED *** REASON: ORDER ENTERED 2-10-21; CONT'D TO 5

-13-21 AT 2:00 P.M.

Tentative Ruling:


Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:18-16396


Leslie E. Tingley


Chapter 7


#3.00 Hrg re motion to reopen chapter 7 case


FROM: 6-24-20, 7-14-20, 10-6-20, 1-8-21, 1-15-21


Docket 17

*** VACATED *** REASON: ORDER CONT ENTERED 2-25-21; CONT'D TO 5-13-21 AT 3:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Leslie E. Tingley Represented By Michael D Franco

Movant(s):

Leslie E. Tingley Represented By Michael D Franco Michael D Franco Michael D Franco Michael D Franco

Trustee(s):

Howard B Grobstein (TR) Pro Se

3:00 PM

6:15-14301

Jose Quines Yolo and Ameurfina Tolentino Yolo

Chapter 13

#4.00 Hrg re motion to continue case administration and appointment of Joahnna Yolo as the representative for deceased debtors and for waiver to complete financial management course due to death of both debtors

FROM: 11-18-20, 1-15-21

Docket 75

Tentative Ruling:

Party Information

Debtor(s):

Jose Quines Yolo Represented By

Hasmik Jasmine Papian

Joint Debtor(s):

Ameurfina Tolentino Yolo Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:13-22630


Derek Ryan Ross and Tammy Ann Ross


Chapter 7


#1.00 Hrg re motion to avoid lien with Nikiforos and Georgia Valakantjis


[Property: 8365 Avenida Leon, Rancho Cucamonga, San Bernardino, C 91730-3412]


Docket 27

*** VACATED *** REASON: NTC OF WITHDRAWAL OF MOTION FILED 2-4-21

Party Information

Debtor(s):

Derek Ryan Ross Represented By M Stephen Cho David Jacob

Joint Debtor(s):

Tammy Ann Ross Represented By M Stephen Cho David Jacob

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:13-22630

Derek Ryan Ross and Tammy Ann Ross

Chapter 7

#2.00 Hrg re motion to avoid lien with TB Bank USA N.A.

[Property: 8365 Avenida Leon, Rancho Cucamonga, San Bernardino, C 91730-3412]

Docket 26

*** VACATED *** REASON: NTC OF WITHDRAWAL OF MOTION FILED 2-4-21

Party Information

Debtor(s):

Derek Ryan Ross Represented By M Stephen Cho David Jacob

Joint Debtor(s):

Tammy Ann Ross Represented By M Stephen Cho David Jacob

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:13-22630

Derek Ryan Ross and Tammy Ann Ross

Chapter 7

#3.00 Hrg re motion to avoid line with MCT Group

[Property: 8365 Avenida Leon, Ranch Cucamonga, San Bernardino, CA 91730-3412]

Docket 25

*** VACATED *** REASON: NTC OF WITHDRAWAL OF MOTION FILED 2-4-21

Party Information

Debtor(s):

Derek Ryan Ross Represented By M Stephen Cho David Jacob

Joint Debtor(s):

Tammy Ann Ross Represented By M Stephen Cho David Jacob

Trustee(s):

Robert Whitmore (TR) Pro Se

1:30 PM

6:20-16448

Robert Frank Gonzales

Chapter 13

#1.00 Confirmation of Chapter 13 Plan

FROM: 11-18-21


Docket 0


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

1:30 PM

CONT...


Robert Frank Gonzales

On October 6, 2020, the Court entered a scheduling order [docket #14]


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for March 8, 2021 at 1:30 p.m.


On February 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #28] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 24, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on February 17, 2021 [docket #29] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On March 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on March 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 24, 2020, the monthly plan payment is $600. Starting March 24, 2021, the monthly plan payment is $932.

    1:30 PM

    CONT...


    Robert Frank Gonzales


    Chapter 13


    The due date for each payment is the 24th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $54,260. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,200, counsel is entitled to payment of $3,800 from the estate at a rate no more than $380 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and

      1:30 PM

      CONT...


      Robert Frank Gonzales

      priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      1:30 PM

      CONT...


      Robert Frank Gonzales


      Chapter 13

      the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $1,876.16 at a rate no less than $31.27 per month for 60 months.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.

      1:30 PM

      CONT...


      Robert Frank Gonzales


      Chapter 13

    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other

      1:30 PM

      CONT...


      Robert Frank Gonzales


      Chapter 13

      attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2020 Nissan Versa in the approximate amount of $386 per month. (Creditor: TD Auto Finance).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a

      1:30 PM

      CONT...


      Robert Frank Gonzales


      Chapter 13

      motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any

      1:30 PM

      CONT...


      Robert Frank Gonzales


      Chapter 13

      Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Robert Frank Gonzales Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16448


Robert Frank Gonzales


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Robert Frank Gonzales Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16462

Vicente Ayala

Chapter 13

#3.00 Confirmation of Chapter 13 Plan

FROM: 11-18-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vicente Ayala Represented By Raymond J Seo

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16462


Vicente Ayala


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-4-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vicente Ayala Represented By Raymond J Seo

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16484


Eurhonda Knight


Chapter 13


#5.00 Confirmation of Chapter 13 Plan


FROM: 11-18-20


Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Eurhonda Knight Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16484

Eurhonda Knight

Chapter 13

#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-4-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Eurhonda Knight Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16549

Fernando Garcia and Veronica Raygoza

Chapter 13

#7.00 Confirmation of Chapter 13 Plan

FROM: 11-18-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-18-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando Garcia Represented By Andrew Nguyen

Joint Debtor(s):

Veronica Raygoza Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16549


Fernando Garcia and Veronica Raygoza


Chapter 13


#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-4-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 2-18-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando Garcia Represented By Andrew Nguyen

Joint Debtor(s):

Veronica Raygoza Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16567


Carlos R. Garcia-Prieto


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


FROM: 11-18-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 11-19-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos R. Garcia-Prieto Represented By Cynthia A Dunning

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16567


Carlos R. Garcia-Prieto


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-4-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 11-19-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos R. Garcia-Prieto Represented By Cynthia A Dunning

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16671


Marco Tulio Valle


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


FROM: 12-2-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-1-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco Tulio Valle Represented By Bahram Madaen

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16671


Marco Tulio Valle


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-1-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco Tulio Valle Represented By Bahram Madaen

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16706


Debra M Malyszek


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


FROM: 12-2-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-1-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Debra M Malyszek Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16706


Debra M Malyszek


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-1-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Debra M Malyszek Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16712


Urania Ursa Banks


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


FROM: 12-2-20


Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Urania Ursa Banks Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16712

Urania Ursa Banks

Chapter 13

#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Urania Ursa Banks Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16714

Alma Rosa Amaya

Chapter 13

#17.00 Confirmation of Chapter 13 Plan

FROM: 12-2-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Alma Rosa Amaya Represented By Stephen S Smyth William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16714

Alma Rosa Amaya

Chapter 13

#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 1

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Alma Rosa Amaya Represented By Stephen S Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16749

Katherine Denise Harris

Chapter 13

#19.00 Confirmation of Chapter 13 Plan

FROM: 12-2-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Katherine Denise Harris Represented By Emilia N McAfee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16749


Katherine Denise Harris


Chapter 13


#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 0

*** VACATED *** REASON: CASE DISMISSED 10-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Katherine Denise Harris Represented By Emilia N McAfee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16754


Ana D. Guevara


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


FROM: 12-2-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ana D. Guevara Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16754


Ana D. Guevara


Chapter 13


#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ana D. Guevara Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16809


Jaliyah Zayalie Rutledge


Chapter 13


#23.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-28-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaliyah Zayalie Rutledge Represented By Rhonda Walker

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16809


Jaliyah Zayalie Rutledge


Chapter 13


#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-28-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaliyah Zayalie Rutledge Represented By Rhonda Walker

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16813


Christian Adan Montoya and Iris Magana


Chapter 13


#25.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

2:30 PM

CONT...


Christian Adan Montoya and Iris Magana

On October 20, 2020, the Court entered a scheduling order [docket #16]


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for March 8, 2021 at 2:30 p.m.


On February 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 13, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on February 18, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet.


The Debtors have not objected to the Court’s procedures order [docket #13] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On March 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on March 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting November 13, 2020, the monthly plan payment is $602. Starting December 13, 2020, the monthly plan payment is $848. Starting November 13, 2021, the monthly plan payment is $1,283.

    2:30 PM

    CONT...


    Christian Adan Montoya and Iris Magana


    Chapter 13


    The due date for each payment is the 13th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 27% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $71,514. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana

      claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana

    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax


        Chapter 13

        Board in the amount of $1,139.93 at a rate no less than $19 per month for 60 months.


      2. The Trustee shall pay the secured claim of Pennymac Loan Services in the amount of $4,371.29 at a rate no less than

        $72.85 per month for 60 months.


      3. The Trustee shall pay the secured claim of Americredit in the amount of $3,186.85 at a rate no less than $58.69 per month for 60 months with interest at the rate of 4% per annum.


      4. The Trustee shall pay the secured claim of Alaska USA Federal Credit Union in the amount of $16,496.41 at a rate no less than

        $303.81 per month for 60 months with interest at the rate of 4% per annum.


      5. Gross income over $98,000 is pledged to the Plan less tax deductions.


  1. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana


      Chapter 13

      this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana


      Chapter 13

      paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,058.34 per month. (Creditor: Pennymac Loan Services).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana


      Chapter 13

      required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31,

      2:30 PM

      CONT...


      Christian Adan Montoya and Iris Magana


      Chapter 13

      2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Christian Adan Montoya Represented By Paul Y Lee

Joint Debtor(s):

Iris Magana Represented By

Paul Y Lee

2:30 PM

CONT...

Trustee(s):


Christian Adan Montoya and Iris Magana


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16813


Christian Adan Montoya and Iris Magana


Chapter 13


#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Christian Adan Montoya Represented By Paul Y Lee

2:30 PM

CONT...

Christian Adan Montoya and Iris Magana

Chapter 13

Joint Debtor(s):

Iris Magana Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16850


Daniel Glen Goldstein


Chapter 13


#27.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 11-19-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Glen Goldstein Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16850


Daniel Glen Goldstein


Chapter 13


#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 11-19-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Glen Goldstein Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16855


Tramy Nguyen Tran Ho


Chapter 13


#29.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tramy Nguyen Tran Ho Represented By David Tang

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16855


Tramy Nguyen Tran Ho


Chapter 13


#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 10-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tramy Nguyen Tran Ho Represented By David Tang

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16875


Christopher Perez


Chapter 13


#31.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

2:30 PM

CONT...


Christopher Perez

On October 20, 2020, the Court entered a scheduling order [docket #16]


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for March 8, 2021 at 2:30 p.m.


On February 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #28] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 15, 2020 [docket #5] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on February 18, 2021 [docket #29] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On March 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on March 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting November 15, 2020, the monthly plan payment is $1,671. Starting March 15, 2021, the monthly plan payment is $1,698.

    2:30 PM

    CONT...


    Christopher Perez


    Chapter 13


    The due date for each payment is the 15th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $101,772. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,625, counsel is entitled to payment of $3,375 from the estate at a rate no more than $337.50 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and

      2:30 PM

      CONT...


      Christopher Perez

      priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      2:30 PM

      CONT...


      Christopher Perez


      Chapter 13

      the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Exeter Finance in the amount of $29,841.19 at a rate no less than $539.53 per month for 60 months with interest at the rate of 3.25% per annum.


      2. The Trustee shall pay the secured claim of SchoolsFirst Federal Credit Union in the amount of $18,251.46 at a rate no less than

        $329.98 per month for 60 months with interest at he rate of 3.25% per annum.


      3. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


      4. Additional provisions:


        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are

          2:30 PM

          CONT...


          Christopher Perez


          Chapter 13

          hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s

          2:30 PM

          CONT...


          Christopher Perez


          Chapter 13

          mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


        2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


        4. If the Debtors later seek to convert this case to another chapter or to dismiss

2:30 PM

CONT...


Christopher Perez


Chapter 13

this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Christopher Perez Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16875


Christopher Perez


Chapter 13


#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Christopher Perez Represented By Sundee M Teeple

2:30 PM

CONT...

Trustee(s):


Christopher Perez


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16877


Hugh Alexander Duncan


Chapter 13


#33.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

2:30 PM

CONT...


Hugh Alexander Duncan

On October 20, 2020, the Court entered a scheduling order [docket #13]


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for March 8, 2021 at 2:30 p.m.


On February 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #24] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 15, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on February 18, 2021 [docket #25] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On March 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on March 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $800 commencing on November 15, 2020. The due date for each payment is the 15th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 35% of their allowed claims. The Plan is confirmed as

    2:30 PM

    CONT...


    Hugh Alexander Duncan


    Chapter 13

    a base plan and the base plan amount is $48,000. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the

      2:30 PM

      CONT...


      Hugh Alexander Duncan

      preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Kinecta Federal Credit Union in the amount of $13,861.98 at a rate no less than

        2:30 PM

        CONT...


        Hugh Alexander Duncan


        Chapter 13

        $415.46 per month for 36 months with interest at the rate of 5% per annum.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and

      2:30 PM

      CONT...


      Hugh Alexander Duncan


      Chapter 13

      location of the meeting of creditors and confirmation hearing (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.

      2:30 PM

      CONT...


      Hugh Alexander Duncan


      Chapter 13

  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


    2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


    4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Hugh Alexander Duncan Represented By

Raj T Wadhwani

2:30 PM

CONT...

Trustee(s):


Hugh Alexander Duncan


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16877


Hugh Alexander Duncan


Chapter 13


#34.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Hugh Alexander Duncan Represented By

Raj T Wadhwani

2:30 PM

CONT...

Trustee(s):


Hugh Alexander Duncan


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16914


David Lopez


Chapter 13


#35.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

2:30 PM

CONT...


David Lopez

On October 20, 2020, the Court entered a scheduling order [docket #16]


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for March 8, 2021 at 2:30 p.m.


On February 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #31] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 16, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on February 18, 2021 [docket #32] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On March 8, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on March 8, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting November 16, 2020, the monthly plan payment is $1,025. Starting March 16, 2021, the monthly plan payment is $1,440.

    2:30 PM

    CONT...


    David Lopez


    Chapter 13


    The due date for each payment is the 16th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $84,740. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and

      2:30 PM

      CONT...


      David Lopez

      priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      2:30 PM

      CONT...


      David Lopez


      Chapter 13

      the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Caliber Home Loans in the amount of $763.34 at a rate no less than $15.27 per month for 50 months.


      2. The Trustee shall pay the secured claim of Ally Bank in the amount of $14.82 at a rate no less than $14.82 per month for one month.


      3. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


      4. Additional provisions:


        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this

          2:30 PM

          CONT...


          David Lopez


          Chapter 13

          case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.

          2:30 PM

          CONT...


          David Lopez


          Chapter 13

        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,267.56 per month. (Creditor: Caliber Home Loans).


          All payments for the automobile loan for the 2015 Honda Civic in the approximate amount of $296.37 per month. (Creditor: Ally Bank).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in

          2:30 PM

          CONT...


          David Lopez


          Chapter 13

          advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          2:30 PM

          CONT...


          David Lopez


          Chapter 13

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


      6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, the 2019 Acura TLX ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.

Party Information

2:30 PM

CONT...

Debtor(s):


David Lopez


Chapter 13

David Lopez Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16914


David Lopez


Chapter 13


#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

David Lopez Represented By

Paul Y Lee

2:30 PM

CONT...

Trustee(s):


David Lopez


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16923


Dennis E. Anderson and Kathleen A. Anderson


Chapter 13


#37.00 Confirmation of Chapter 13 Plan


FROM: 12-9-20


Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Dennis E. Anderson Represented By Joselina L Medrano

Joint Debtor(s):

Kathleen A. Anderson Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16923

Dennis E. Anderson and Kathleen A. Anderson

Chapter 13

#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1604553036 Meeting ID: 160 455 3036

Password: 325632

Party Information

Dennis E. Anderson Represented By Joselina L Medrano

Joint Debtor(s):

Kathleen A. Anderson Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:15-20958

Annette M Dureso

Chapter 7

#1.00 Hrg re trustee's final report and applications for compensation


Docket 26

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Annette M Dureso Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

1:00 PM

6:17-10151


Kevin Neri


Chapter 7


#2.00 Hrg re trustee's motion for order: (1) Approving the sale of real property of the estate free and clear of certain line


[Property: 555 South Indian Trial, Palm Springs, CA 92264]


Docket 164

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kevin Neri Represented By

Christopher Hewitt

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

1:00 PM

6:17-17472


Aguina Aguina


Chapter 7


#3.00 Hrg re motion to compel abandonment of property of the estate


Docket 276

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aguina Aguina Represented By

W. Derek May Melissa Davis Lowe

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:00 PM

6:17-17472


Aguina Aguina


Chapter 7


#4.00 Hrg re motion for order approving settlement and compromise of disputes by and among Chapter 7 Trustee and Chain-Dab King and Related Parties


Docket 281

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aguina Aguina Represented By

W. Derek May Melissa Davis Lowe

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:00 PM

6:19-10728


Moo Jeong and Myoungja Jeong


Chapter 7


#5.00 Hrg re trustee's final report and applications for compensation


Docket 107

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Moo Jeong Pro Se

Joint Debtor(s):

Myoungja Jeong Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Chad V Haes Tinho Mang

1:00 PM

6:19-15059


Daniel Meza


Chapter 7


#6.00 Hrg re trustee's final report and applications for compensation


Docket 28

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Meza Represented By

Natalie A Alvarado

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:00 PM

6:19-17045


Sheila San Agustin Cruz


Chapter 7


#7.00 Hrg re motion for order (1) Authorizing sale of real property free and clear of all liens, claims and encumbrances; (2) Approving overbid procedures; (3) Finding buyer as good faith; (4) Authorizing payments liens, real estate agent's commission and costs through escrow; (5) Authorizing payment of fifty percent of the net proceeds to Shara Buenaflor; and (6) Waiving 14 day stay


[Property: 1020 S. Mountain Avenue, Ontario, CA 91762]


Docket 39

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 at 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sheila San Agustin Cruz Represented By Marjorie S Archer

Trustee(s):

Karl T Anderson (TR) Represented By Robert P Goe

1:00 PM

6:19-17365


Simon A Chen


Chapter 7


#8.00 Hrg re trustee's final report and applications for compensation


Docket 50

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Simon A Chen Represented By Neil R Hedtke

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:19-18662


Dymtry Ethal Lewis and Tiffany Leshone Lewis


Chapter 7


#9.00 Hrg re trustee's final report and applications for compensation


Docket 35

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dymtry Ethal Lewis Represented By Stephen D Brittain

Joint Debtor(s):

Tiffany Leshone Lewis Represented By Stephen D Brittain

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:20-10768


Victor Manuel Gonzalez


Chapter 7


#10.00 Hrg re trustee's final report and applications for compensation


Docket 24

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-23-21 AT 1:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Victor Manuel Gonzalez Represented By James P Doan

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:00 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#11.00 Hrg re motion for order approving compromise of controversy


Docket 262

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 5-4-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

1:00 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#12.00 Hrg re motion for allowance and payment of administrative expense claim


Docket 249

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 5-4-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:15 PM

6:19-16555


Miguel A Nigo


Chapter 7


#13.00 Hrg re status conference


FROM: 7-21-20, 10-20-20, 11-17-20


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-2-21; CONT'D TO 5-6-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Miguel A Nigo Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se

3:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#14.00 Hrg re order setting chapter 11 status conference


Docket 0

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-25-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

3:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#15.00 Hrg re motion for order approving stipulation authorizing debtor's use of cash collateral and granting adequate protection to secured creditors


FROM: 2-23-21


Docket 35

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-25-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

3:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#16.00 Hrg re motion for order to approve compromise controversy and settlement and release agreement between Debtor and Rixon and Associates


FROM: 2-23-21


Docket 39

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-25-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

3:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#17.00 Hg re motion to approve compromise between Debtor and Stanley R. Moroz FROM: 2-23-21


Docket 41

*** VACATED *** REASON: SCEDHULING ORDER ENTERED 3-8-21; CONT'D TO 3-25-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

1:30 PM

6:21-10322


Reginald F. Stark


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Reginald F. Stark Represented By Keith Q Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10405


Daisy Tobilla


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daisy Tobilla Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10439


LaRon M Hall


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LaRon M Hall Represented By Stephen R Wade

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10511


Julie Ann Hathaway


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Julie Ann Hathaway Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10537


James Valenzuela Del Villar and Rosa Elia Del Villar


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Valenzuela Del Villar Represented By Sundee M Teeple

Joint Debtor(s):

Rosa Elia Del Villar Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10538


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10541


Martin J Salgado, Sr. and Adela G Salgado


Chapter 13


#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martin J Salgado Sr. Represented By Paul Y Lee

Joint Debtor(s):

Adela G Salgado Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-21177


Derik A. Dill


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 52

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-19- 21; ADVANCED TO 1-27-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Derik A. Dill Represented By

Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-14761


Tania Marie Ybarra-Folson


Chapter 13


#8.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 104

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tania Marie Ybarra-Folson Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19055


Donald H Wells and Deborah R Wells


Chapter 13


#8.02 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald H Wells Represented By Paul Y Lee

Joint Debtor(s):

Deborah R Wells Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-20426


Amador Anthony Cervantes


Chapter 13


#8.03 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 64

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Amador Anthony Cervantes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-11016


Alex Cordova


Chapter 13


#8.04 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 0

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-24-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alex Cordova Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-11860


Miguel Hernandez, Jr. and Alvi Bungcag Cambalon-


Chapter 13


#8.05 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 83

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Miguel Hernandez Jr. Represented By

Rabin J Pournazarian

Joint Debtor(s):

Alvi Bungcag Cambalon-Hernandez Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-16712


Urania Ursa Banks


Chapter 13


#9.00 Hrg re motion to disallow claims


Docket 27

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 4-12-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Urania Ursa Banks Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10094


Patricia Ann Doublet


Chapter 13


#10.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Patricia Ann Doublet Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10114


Francisco Medrano and Claudia Mercedes Medrano


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Francisco Medrano Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10143


Vito Joseph Palmisano


Chapter 13


#12.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vito Joseph Palmisano Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10143


Vito Joseph Palmisano


Chapter 13


#13.00 Hrg re motion for order determining value of collateral with Americredit/GM Financial


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 4-12-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vito Joseph Palmisano Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10158


Martin Romo


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martin Romo Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10274


Jose Viera Mendoza


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Viera Mendoza Represented By Siamak E Nehoray

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10307


James Richard Church


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 1-25- 21; CONT'D TO 6-28-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Richard Church Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:16-12773


Otoniel Toledo


Chapter 13


#17.00 Hrg re trustee's motion to dismiss case regarding delinquency


ADVANCED FROM 5-5-21


Docket 88

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-24-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Otoniel Toledo Represented By Joseph A Weber

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:18-12933


Luis Estrada and Alejandrina Estrada


Chapter 13


#17.01 Hrg re motion for authority to refinance real property [Property: 698 Millard Avenue, Rialto, CA 92376]

Docket 58

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-17-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luis Estrada Represented By

Barry E Borowitz

Joint Debtor(s):

Alejandrina Estrada Represented By Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-15702


Nyesha D. Williams


Chapter 13


#17.03 Hrg re motion for authority to enter into a loan modification


Docket 38

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 4-12-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:19-11081


Anita Ayala


Chapter 13


#18.00 Motion for relief from stay


WELLS FARGO BANK VS DEBTOR


Property: 3691 Broken Feather Drive, Norco, CA 92860 [Real Prop] Caren J. Castle, attorney/movant


Docket 66

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 3-24-21 AT 2:45 P.M

Tentative Ruling:

Having reviewed the motion and the case, the Court finds that there is no automatic stay in this case pursuant to 11 U.S.C. § 362(c)(3)(A). The debtor filed a prior chapter 13 bankruptcy case (6:18-bk-16850-WJ) that was dismissed within twelve months prior to the filing of this case. And the debtor never filed a motion to continue the stay in this case.


Accordingly, the pending motion is unnecessary and the Court is prepared to enter an order finding that there is no automatic stay in this case. Pursuant to section 362(c)(3)(A), the automatic stay terminated in this case (as to both the debtor and property of the bankruptcy estate) on the thirtieth day after the filing of this bankruptcy case. As of March 13, 2019, there has been no automatic stay in this bankruptcy case.

Party Information

Debtor(s):

Anita Ayala Represented By

Dina Farhat

Movant(s):

Wells Fargo Bank, N.A., as trustee, Represented By

Daniel K Fujimoto Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:19-14278


Ramon V Rubio and Angelica P Rubio


Chapter 13


#19.00 Motion for relief from stay LOANDEPOT.COM VS DEBTORS

Property: 25332 Lone Acres Road, Menifee, CA 92584 [Real Prop] Erica Taylor Loftis Pacheco, attorney/movant


Docket 84

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramon V Rubio Represented By Paul Y Lee

Joint Debtor(s):

Angelica P Rubio Represented By Paul Y Lee

Movant(s):

LOANDEPOT.COM, LLC, DBA Represented By

Erica T Loftis Pacheco

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14078


David E Morgan


Chapter 13


#20.00 Motion for relief from stay


THE MONEY SOURCE VS DEBTOR


Property: 430 Via De La Paz

[Real Prop] Kirsten Martinez, attorney/movant


Docket 36

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David E Morgan Represented By Daniel C Sever

Movant(s):

The Money Source Inc. Represented By Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17514


Sonya Yvonne Wright


Chapter 13


#21.00 Motion for relief from stay


GLOBAL LENDING SERVICES VS DEBTOR


Property: 2016 Nissan Altima

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 41

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonya Yvonne Wright Represented By Timothy S Huyck

Movant(s):

Global Lending Services LLC Represented By John Rafferty Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10430


Ernestina A Perez


Chapter 13


#22.00 Motion for relief from stay WELLINGTON TRUST VS DEBTOR

Property: 11796 Roswell Avenue, Chino, CA 91710 [Real Prop] Darlene C. Vigil, attorney/movant


Docket 12

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 3-24-21 AT 2:45 P.M

Tentative Ruling:

Why did the moving party check boxes 7 and 7(a) of the notice of the motion and add the words "opposition may be submitted at the hearing"?

Party Information

Debtor(s):

Ernestina A Perez Pro Se

Movant(s):

Wilmington Trust, National Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10439


LaRon M Hall


Chapter 13


#23.00 Motion for relief from stay


SUMMITROSE INVESMENTS VS DEBTOR


Property: 9059 San Bernardino Road, Rancho Cucamonga, CA 91730 [UD] Eileen M. Kendall, attorney/movant


Docket 24

*** VACATED *** REASON: CASE DISMISSED 3-2-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LaRon M Hall Represented By Stephen R Wade

Movant(s):

Courtesy NEF Represented By Valerie Smith Robert P Zahradka Eileen M Kendall

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10625


Henry Frederick Ramey, Jr


Chapter 13


#23.01 Motion for relief from stay


HECTOR PENA GOMEZ VS DEBTOR


Property: 24784 5th Street, San Bernardino, CA 92410 [UD] John E. Bouzane, attorney/movant


Docket 18

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-9-21; CONT'D TO 3-24-21 AT 2:45 P.M

Tentative Ruling:

The hearing regarding this motion shall be heard on shortened notice and any opposition is due at the hearing. Therefore, appearances are required at the hearing.


The motion requests relief from the automatic stay to complete an eviction.

Using a bankruptcy case to delay an eviction is not appropriate. See, e.g., In re Smith, 105 B.R. 50, 53 & 55 (Bankr. C.D. Cal. 1989) (describing cases filed to delay an eviction as “abusive” and designed to “delay improperly the landlord from obtaining possession of his property.”). Therefore, the tentative ruling of the Court is to grant the motion pursuant to 11 U.S.C. § 362(d)(1) with the following relief:


  1. Termination of the stay to allow movant (and any successors or assigns) to proceed under applicable non-bankruptcy law to enforce its remedies to obtain possession of the property.



    Debtor(s):

  2. Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).

Party Information

Henry Frederick Ramey Jr Pro Se

Movant(s):

Hector Pena Gomez Represented By John E Bouzane

2:30 PM

CONT...

Trustee(s):


Henry Frederick Ramey, Jr


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10560


Anthony T. Hakimian


Chapter 13


#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony T. Hakimian Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10587


Edward David Cross and Mary Ann Elizabeth Cross


Chapter 13


#25.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edward David Cross Represented By

M. Wayne Tucker

Joint Debtor(s):

Mary Ann Elizabeth Cross Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10588


Christopher Michael Kittleson and Diana Lynn Kittleson


Chapter 13


#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Michael Kittleson Represented By Paul Y Lee

Joint Debtor(s):

Diana Lynn Kittleson Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:45 PM

6:21-10623


Cecilia Leonard


Chapter 13


#27.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


FROM: 2-24-21


Docket 8

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 2-24-21

Tentative Ruling:

Party Information

Debtor(s):

Cecilia Leonard Represented By Benjamin R Heston

Movant(s):

Cecilia Leonard Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:20-16896

Steven Richard Vasquez, Jr

Chapter 7

#1.00 Hrg re reaffirmation agreement filed 1-20-21 between Debtor and Arrowhead Credit Union in the amount of $13,199.50

RE: 2014 Chevrolet Silverado

Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Richard Vasquez Jr Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se


6:20-17292

Moises A Valladares

Chapter 7


#2.00 Hrg re reaffirmation agreement filed 1-25-21 between Debtor and American Honda Finance Corp. in the amount of $29,781.94


RE:2019 Honda Accord


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 5-6-21 AT 9:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

8:30 AM

CONT...

Debtor(s):


Moises A Valladares


Chapter 7

Moises A Valladares Represented By Ruben Salazar

Trustee(s):

Todd A. Frealy (TR) Pro Se


6:20-17525

Melvin Lamont Morrow

Chapter 7


#3.00 Hrg re reaffirmation agreement filed 1-21-21 between Debtor and Altura Credit Union in the amount of $19,036.03


RE: 2013 BMW 528i


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-8-21; CONT'D TO 3-25-21 AT 8:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Melvin Lamont Morrow Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se


6:20-17650

Phillip Richard Alvarado and Leticia Alvarado

Chapter 7


#4.00 Hrg re reaffirmation agreement filed 1-14-21 between Debtor and Alaska USA Federal Credit Union in the amount of $795.45


RE: 2008 Acura TL

8:30 AM

CONT...


Phillip Richard Alvarado and Leticia Alvarado


Chapter 7

Docket 15

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Phillip Richard Alvarado Represented By Alexander Pham

Joint Debtor(s):

Leticia Alvarado Represented By Alexander Pham

Trustee(s):

Howard B Grobstein (TR) Pro Se


6:20-18141

Rigoberto Quezada Gonzalez and Marina Quezada

Chapter 7


#5.00 Hrg re reaffirmation agreement filed 2-4-21 between Debtor and Santander Consumer USA Inc in the amount of $39,646.70


RE: 2019 Jeep Grand Cherokee


Docket 9

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT ENTERED 2-18-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rigoberto Quezada Gonzalez Represented By Marlin Branstetter

8:30 AM

CONT...


Rigoberto Quezada Gonzalez and Marina Quezada


Chapter 7

Joint Debtor(s):

Marina Quezada Represented By Marlin Branstetter

Trustee(s):

Charles W Daff (TR) Pro Se


6:20-18141

Rigoberto Quezada Gonzalez and Marina Quezada

Chapter 7


#6.00 Hrg re reaffirmation agreement filed 2-17-21 between Debtor and Wells Fargo Bank N.A. in the amount of $8,840.62


RE: 2014 Honda Civic


Docket 18

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rigoberto Quezada Gonzalez Represented By Marlin Branstetter

Joint Debtor(s):

Marina Quezada Represented By Marlin Branstetter

Trustee(s):

Charles W Daff (TR) Pro Se


6:21-10106

Randall B Cotin

Chapter 7


#7.00 Hrg re reaffirmation agreement filed 2-3-21 between Debtor and Capital One

8:30 AM

CONT...


Randall B Cotin

Auto Finance in the amount of $14,889.68 RE: 2016 Nissan Quest Wagon


Chapter 7

Docket 15

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 5-6-21 AT 9:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Randall B Cotin Represented By Elaine O San Juan

Trustee(s):

Karl T Anderson (TR) Pro Se

9:00 AM

6:20-16078


Cory L. Roland and Karen A Roland


Chapter 7


#8.00 Hrg re reaffirmation agreement filed 12-7-20 between Debtor and Santander Consumer USA in the amount of $30,914.45


RE: 16 Toyota Sienna FROM: 1-14-21


Docket 19

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cory L. Roland Represented By Michael Smith

Joint Debtor(s):

Karen A Roland Represented By Michael Smith

Trustee(s):

Larry D Simons (TR) Pro Se


6:20-16078

Cory L. Roland and Karen A Roland

Chapter 7


#9.00 Hrg re reaffirmation agreement filed 11-18-20 between Debtor and Ally Bank in

9:00 AM

CONT...


Cory L. Roland and Karen A Roland

the amount of $26,669.04 RE: 2018 Lexus NX 300

FROM: 1-14-21


Chapter 7


Docket 14

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cory L. Roland Represented By Michael Smith

Joint Debtor(s):

Karen A Roland Represented By Michael Smith

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:19-20601


James Skidden Fuentes Fernandez


Chapter 7


#10.00 Motion for relief from stay


WELLS FARGO BANK VS DEBTOR


Property: 2014 GMC Light Duty Acadia-V6

[Personal Prop] Josephine E. Salmon, attorney/movant


Docket 21

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Skidden Fuentes Fernandez Represented By

Robert L Firth

Movant(s):

Wells Fargo Bank, N.A., d/b/a Wells Represented By

Josephine E Salmon

Trustee(s):

Robert Whitmore (TR) Pro Se


6:20-13934

Sheldon David Singleton and Sheleshia Lavada Singleton

Chapter 7


#11.00 Motion for relief from stay


BMW BANK OF NORTH AMERICA VS DEBTORS


Property: 2014 BMW 6 Series 6401 Gran Coupe 4D [Persaonal Prop] Marjorie M. Johnson, attorney/movant


Docket 82

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10-

10:00 AM

CONT...

Sheldon David Singleton and Sheleshia Lavada Singleton 21; CONT'D TO 4/15/21 at 10:15 A.M.

Chapter 7

Tentative Ruling:

The debtors filed a prior chapter 13 case on March 11, 2020 (6:20-bk-12040- WJ). Ultimately, they filed a request for dismissal which the Court granted. The Court dismissed the prior case on May 27, 2020.

About a week later, the debtors filed this bankruptcy case. Thereafter, they filed a motion to continue the automatic stay which was unopposed. The Court held a hearing on July 1, 2020 and orally granted the motion. However, the debtors never submitted a proposed written order as required by the local rules and, in failing to do so, abandoned the motion. Therefore, the oral ruling of the Court was not effective and the Court should now enter an order denying the motion due to a failure of the debtors to prosecute their motion. See LBR 9021-1(b)(1)(C) ("If no party submits a proposed order, the Court may prepare and enter such order as it deems

appropriate ").

Therefore, the tentative ruling of the Court is to enter an order denying the prior motion of the debtors and finding that, pursuant to section 362(c)(3)(A) of the Bankruptcy Code, the automatic stay terminated in this case (as to both the debtors and property of the bankruptcy estate) on the thirtieth day after the filing of this bankruptcy case. As of July 4, 2020, there has been no automatic stay in this bankruptcy case.

The Court would then enter a second order finding that the motion by the moving party is moot.

Because this tentative ruling may impact the administration of the bankruptcy estate, the Court requests a written response from the trustee. If the trustee opposes this ruling, the trustee should file a response by March 9th and appear at the hearing. If the trustee does not oppose this ruling, the trustee can file a response by March 9th indicating no opposition and, in such circumstances, the trustee need not appear at the hearing.

Party Information

Debtor(s):

Sheldon David Singleton Represented By

10:00 AM

CONT...


Sheldon David Singleton and Sheleshia Lavada Singleton

Kevin Tang


Chapter 7

Joint Debtor(s):

Sheleshia Lavada Singleton Represented By Kevin Tang

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

Trustee(s):

Arturo Cisneros (TR) Represented By Nathan F Smith

6:20-16554

Velia Juarez

Chapter 7


#12.00 Motion for relief from stay

U.S. BANK TRUST NATIONAL ASSOCIATION VS DEBTOR Property: 16404 Barbee Street, Fontana, CA 92336

[Real Prop] Robert Zahradka, attorney/movant


Docket 21

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Velia Juarez Represented By

Neil R Hedtke

10:00 AM

CONT...

Movant(s):


Velia Juarez


Chapter 7

U.S. Bank Trust National Represented By Robert P Zahradka

Trustee(s):

Arturo Cisneros (TR) Pro Se


6:20-17501

Victor P. Hamaker and Amnah Abdullah

Chapter 7


#13.00 Motion for relief from stay


US BANK NATIONAL ASSOCIATION VS DEBTORS


Property: 2017 Kia Rio

[Personal Prop] Robert P Zahradka, attorney/movant


Docket 15

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Victor P. Hamaker Represented By

James D. Hornbuckle

Joint Debtor(s):

Amnah Abdullah Represented By

James D. Hornbuckle

10:00 AM

CONT...

Movant(s):


Victor P. Hamaker and Amnah Abdullah


Chapter 7

U.S. Bank National Association Represented By Robert P Zahradka

Trustee(s):

Charles W Daff (TR) Pro Se


6:20-17727

Alma Corona Uribe

Chapter 7


#14.00 Motion for relief from stay


SCHOOLSFIRST FEDERAL CREDIT UNION VS DEBTOR


Property: 2020 Nissan Murano

[Personal Prop] Paul V. Reza, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alma Corona Uribe Represented By

George C Panagiotou

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Robert Whitmore (TR) Pro Se


6:21-10206

Cathy Perales

Chapter 7

10:00 AM

CONT...


Cathy Perales


Chapter 7

#15.00 Motion for relief from stay


BMW BANK OF NORTH AMERICA VS DEBTOR


Property: 2016 BMW 3 Series 320i Sedan 4D [Personal Prop] Marjorie M. Jonhson, attorney/movant


Docket 12

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cathy Perales Represented By Kevin Tang

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

Trustee(s):

Charles W Daff (TR) Pro Se


6:21-10226

Milton Duarte and AMADA M DUARTE

Chapter 7


#16.00 Motion for relief from stay


TOYOTA MOTOR CREDIT VS DEBTOR


Property: 2049 Toyota Motor Credit

[Personal Prop] Austin P.Nagel, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21

10:00 AM

CONT...

Milton Duarte and AMADA M DUARTE

Chapter 7

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Milton Duarte Represented By Rosendo Gonzalez

Joint Debtor(s):

AMADA M DUARTE Represented By Rosendo Gonzalez

Movant(s):

TOYOTA MOTOR CREDIT Represented By Austin P Nagel

Trustee(s):

Charles W Daff (TR) Pro Se

10:30 AM

6:18-20286


Philmar Care, LLC


Chapter 7

Adv#: 6:20-01191 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al


#17.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claim


Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 2-11-21; CONT'D TO 3-25-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Philmar Care, LLC Represented By Ashley M McDow

Defendant(s):

Abraham Garfinkel Pro Se

Lynn Garfinkel Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Solely in his Represented By

Daniel A Lev Asa S Hami

Trustee(s):

Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

6:18-20286

Philmar Care, LLC

Chapter 7

Adv#: 6:20-01190 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al

10:30 AM

CONT...


Philmar Care, LLC


Chapter 7

#18.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 2-11-21; CONT'D TO 3-25-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Philmar Care, LLC Represented By Ashley M McDow

Defendant(s):

David Garfinkel Pro Se

Devora Garfinkel Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Solely in his Represented By

Daniel A Lev Asa S Hami

Trustee(s):

Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

6:18-20286

Philmar Care, LLC

Chapter 7

Adv#: 6:20-01189 Howard M. Ehrenberg, Solely in his capacity as cha v. Zalmanoff et al


#19.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential

10:30 AM

CONT...


Philmar Care, LLC


Chapter 7

transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21; CONT'D TO 3-25-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Philmar Care, LLC Represented By Ashley M McDow

Defendant(s):

Shraga Zalmanoff Pro Se

Kasirer Trust, an entity of unknown Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Solely in his Represented By

Daniel A Lev Asa S Hami

Trustee(s):

Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

6:18-20286

Philmar Care, LLC

Chapter 7

Adv#: 6:20-01188 Howard M. Ehrenberg, Solely in his capacity as cha v. Zeffen


#20.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and

10:30 AM

CONT...


Philmar Care, LLC


Chapter 7

recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-1-21; CONT'D TO 3-25-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Philmar Care, LLC Represented By Ashley M McDow

Defendant(s):

David Zeffen Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Solely in his Represented By

Daniel A Lev Asa S Hami

Trustee(s):

Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

6:18-20286

Philmar Care, LLC

Chapter 7

Adv#: 6:20-01187 Howard M. Ehrenberg, Solely in his capacity as cha v. Jakobovits


#21.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


Docket 1

10:30 AM

CONT...

Philmar Care, LLC

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 12-30-20

Chapter 7

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Philmar Care, LLC Represented By Ashley M McDow

Defendant(s):

Bencion Jakobovits Pro Se

Plaintiff(s):

Howard M. Ehrenberg, Solely in his Represented By

Daniel A Lev Asa S Hami

Trustee(s):

Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01194 Daff v. American Express National Bank et al


#22.00 Status conference re: Complaint for (1) Avoidance of transfers Pursuant to 11

U.S.C. Section 544(b) and CAL. CIV. Code Section 3439.04(a) (2), 3439.05; (2) Avoidance of transfers Pursuant to 11 U.S.C. Section 5489a)(1)(B); (3) Recovery of avoided transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of claims Pursuant to 11 U.S.C Section 502


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 6-17-21 AT 11:00 A.M.

10:30 AM

CONT...

CWP Cabinets

Chapter 7

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

American Express National Bank Pro Se

Michael Rodriguez Pro Se

Paula Roberts Pro Se

Plaintiff(s):

Charles W Daff Represented By Robert P Goe

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01195 Daff v. Barclays US et al


#23.00 Status conference re: Complaint (1) Avoidance of transfers Pursuant to 11

U.S.C Section 544(b) and CAL. CIV. Code Section 3439.04(a)(2), 3439.05; (2) Avoidance of transfers Pursuant to 11 U.S.C Section 548(a)(1)(B); (3) Recovery of avoided transfers Pursuant to 11 U.S.C Section 550; and (4) Disallowance of claims Pursuant to 11 U.S.C Section 502


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 6-17-21 AT 11:00 A.M.

Tentative Ruling:

10:30 AM

CONT...

CWP Cabinets

Chapter 7

- NONE LISTED -

Debtor(s):

Party Information

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Barclays US Pro Se

Barclays Bank Delaware Pro Se

Mark Kinnison Pro Se

Plaintiff(s):

Charles W Daff Represented By Robert P Goe

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al


#24.00 Status conference re: Complaint (1) Avoidance of transfers Pursuant to 11

U.S.C. Section 544(b) and CAL. CIV. Code Section 3439.04(a)(2), 3439.05; (2) Avoidance of transfers Pursuant to 11 U.S.C Section 548(a)(1)(B); (3) Recovery of avoided transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of claims Pursuant to 11 U.S.C. Section 502


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 6-17-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

10:30 AM

CONT...


Debtor(s):


CWP Cabinets


Party Information


Chapter 7

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Chase Bank U.S.A., N.A. Pro Se

Mark Kinnison Pro Se

Paula Roberts Pro Se

Plaintiff(s):

Charles W Daff Represented By Robert P Goe

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01197 Daff v. Citibank, N.A. et al


#25.00 Status conference re: Complaint (1) Avoidance of transfers Pursuant to 11

U.S.C. Section 544(b) and CAL.CIV. Code Section 3439.04(a)(2), 3439.05; (2) Avoidance of transfers Pursuant to 11 U.S.C Section 548(a)(1)(B);(3) Recovery of avoided transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of claims Pursuant to 11 U.S.C Section 502


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 6-17-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

10:30 AM

CONT...

Debtor(s):


CWP Cabinets


Chapter 7

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Citibank, N.A. Pro Se

Mark Kinnison Pro Se

Plaintiff(s):

Charles W Daff Represented By Robert P Goe

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al


#26.00 Status conference re: Complaint (1) Avoidance of transfers Pursuant to 11

U.S.C. Section 544(b) and CAL. CIV. Code Section 3439.04(a)(2), 3439.05; (2) Avoidance of transfers Pursuant to 11 U.S.C. Section 548(a)(1)(B); (3) Avoidance of preferential transfers Pursuant to 11 U.S.C. Section 547; (4) Recovery of avoided transfers Pursuant to 11 U.S.C. Section 550; (5) Disallowance of claims Pursuant to 11 U.S.C. Section 502; (6) Declaratory judgment: Alter Ego; and (7) Usury and unjust enrichment/disgorgement


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 6-17-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

10:30 AM

CONT...

Debtor(s):


CWP Cabinets


Chapter 7

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Adelanto Millworks, LLC Pro Se

Mark Kinnison Pro Se

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

11:00 AM

6:20-14884


Oscar Pillado


Chapter 7

Adv#: 6:20-01161 Bui v. Pillado


#27.00 Status conference re: Complaint for (1) Avoidance of intentional fraudulent transfers and recovery of same; (2) Avoidance of constructive fraudulent transfer and recovery of same; (3) Disallowance of claim; (4) Unjust enrichment; and (5) Turnover of property of the estate


FROM: S/C 12-3-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 4-15-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Oscar Pillado Represented By

Eva M Hollands

Defendant(s):

Beatriz Pillado Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:30 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01195 Daff v. Barclays US et al


#28.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 4-5-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Barclays US Represented By

John C Gray

Barclays Bank Delaware Represented By John C Gray

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

1:30 PM

CONT...


CWP Cabinets


Chapter 7

Adv#: 6:20-01194 Daff v. American Express National Bank et al


#29.00 Hrg re motion to dismiss compliant for failure to state a claim upon which relief can be granted


Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 4-5-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

American Express National Bank Pro Se

Michael Rodriguez Represented By Michael G Spector

Paula Roberts Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al

1:30 PM

CONT...


CWP Cabinets


Chapter 7

#30.00 Hrg re motion to dismiss complaint for: (1) Lack of standing; and (2) Failure to state a claim upon which relief can be granted


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 4-5-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Adelanto Millworks, LLC Represented By Michael G Spector

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01197 Daff v. Citibank, N.A. et al


#31.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted

1:30 PM

CONT...


CWP Cabinets

Docket 14

Chapter 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 4-5-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Citibank, N.A. Pro Se

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

6:18-20473

CWP Cabinets

Chapter 7

Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al


#32.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-8-21; CONT'D TO 4-5-21 AT 2:00 P.M.

1:30 PM

CONT...

CWP Cabinets

Chapter 7

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Chase Bank U.S.A., N.A. Pro Se

Mark Kinnison Represented By Michael G Spector

Paula Roberts Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

2:00 PM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al


#33.00 Status conference re: Complaint for (1) Declaratory relief; (2) Avoidance of preferential transfer; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims


FROM: S/C 2-11-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-11- 21; CONT'D TO 4-15-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

KINGS CASH GROUP, LLC Pro Se

KALAMATA CAPITAL GROUP Pro Se

Albert Gahfi Pro Se

DOES 1-2 Pro Se

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

East West Bank Represented By Elmer D Martin III Curtis C. Jung

2:00 PM

CONT...


Trustee(s):


Vario Corp.


Clifford P Jung


Chapter 7

Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

6:20-14160

Gilbert C Ramirez, Jr.

Chapter 11

Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al


#34.00 Status conference re: Complaint to deny debtors' discharge FROM: S/C 2-11-21

Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 3-8-21: CONT'D TO 4-6-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gilbert C Ramirez Jr. Represented By Leonard J Cravens

Defendant(s):

Gilbert C Ramirez Jr. Pro Se

Patricia M Ramirez Pro Se

Joint Debtor(s):

Patricia M Ramirez Represented By Leonard J Cravens

Plaintiff(s):

United States Trustee for the Central Represented By

2:00 PM

CONT...


Trustee(s):


Gilbert C Ramirez, Jr.


Everett L Green


Chapter 11

Arturo Cisneros (TR) Represented By Arturo M Cisneros

6:20-14758

Ridge Park Point, LLC

Chapter 7

Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants


#35.00 Status conference re: Complaint (1) Breach of contract; (2) Turnover FROM: 2-11-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 4-15-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ridge Park Point, LLC Represented By Joshua J Herndon

Defendant(s):

National Merchants Association, Pro Se

Plaintiff(s):

A. Cisneros, solely in his capacity Represented By

Nathan F Smith

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm

2:00 PM

CONT...


6:19-16968

Ridge Park Point, LLC Leon Richard Mays


Nathan F Smith


Chapter 7


Chapter 7

Adv#: 6:19-01150 Meng et al v. Mays et al


#36.00 Hrg re motion for stay or abstention of adversary proceeding FROM: 2-11-21

Docket 47

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 4-15-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leon Richard Mays Represented By

W. Derek May

Defendant(s):

Leon Richard Mays Represented By Baruch C Cohen

Darryl W Daniels Represented By Baruch C Cohen

Joint Debtor(s):

Darryl W Daniels Represented By

W. Derek May

Plaintiff(s):

Richard Meng Represented By Christopher J Langley Michael Smith

Heidi M Cheng

2:00 PM

CONT...


Leon Richard Mays


Chapter 7

Vivian Meng Represented By

Christopher J Langley Michael Smith

Heidi M Cheng

Trustee(s):

Karl T Anderson (TR) Represented By Tinho Mang

Richard A Marshack

2:30 PM

6:17-14073


James Anthony Rojas


Chapter 7

Adv#: 6:20-01160 Tran v. Rojas


#37.00 Status conference re: Complaint for determination of nondischargeability of debt FROM: S/C 12-3-20, 2-11-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21; CONT'D TO 4-15-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Anthony Rojas Represented By Rhonda Walker

Defendant(s):

James Anthony Rojas Pro Se

Plaintiff(s):

San Tran Represented By

Joshua R Engle

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:11-16843


JOSE ALBERTO GUTIERREZ


Chapter 7


#1.00 Hrg re (1) Motion to reopen case and (2) For extension of time to file forms required for discharge


FROM: 6-30-20, 9-15-20, 11-17-20, 1-26-21


Docket 22

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21; CONT'D TO 5-13-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

JOSE ALBERTO GUTIERREZ Represented By

James M Powell - DISBARRED - Giovanni Orantes

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

1:00 PM

6:18-18967


Stephen Hay and Leigh Anne Hay


Chapter 7


#2.00 Hrg re trustee's final report and application for compensation


Docket 60

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $9,250 and expenses of $372.23;


  2. Lewis Brisbois Bisgaard & Smith LLP: fees of $12,252.50 and expenses of $625.95; and


  3. Hahn Fife & Company LLP: fees of $2,200 and expenses of $404.20.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Stephen Hay Represented By

Summer M Shaw

1:00 PM

CONT...


Stephen Hay and Leigh Anne Hay


Chapter 7

Joint Debtor(s):

Leigh Anne Hay Represented By Summer M Shaw

Trustee(s):

Todd A. Frealy (TR) Represented By Lovee D Sarenas Maria L Garcia Amy L Goldman

1:00 PM

6:18-20185


Carlton P Collins-Cepeda and Charmaine Collins-Cepeda


Chapter 11


#3.00 Hrg re motion closing case on interim basis


Docket 107


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carlton P Collins-Cepeda Represented By Todd L Turoci

Joint Debtor(s):

Charmaine Collins-Cepeda Represented By Todd L Turoci

1:00 PM

6:19-20011


Arturo L Escobedo and Mary H Escobedo


Chapter 7


#4.00 Hrg re trustee's final report and application for compensation



Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Arturo L Escobedo Represented By Christopher Hewitt

Joint Debtor(s):

Mary H Escobedo Represented By Christopher Hewitt

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:00 PM

6:20-12067


Raul Carrillo and Acela Carrillo


Chapter 7


#5.00 Hrg re motion to approve compromise with GGRP LLC FROM: 1-26-21, 1-28-21


Docket 75

Tentative Ruling:

Party Information

Debtor(s):

Raul Carrillo Represented By

W. Derek May

Joint Debtor(s):

Acela Carrillo Represented By

W. Derek May

Trustee(s):

Larry D Simons (TR) Represented By Tinho Mang Chad V Haes

1:00 PM

6:20-13773


Theodore L. Workman, Jr. and Pamela E. Workman


Chapter 7


#6.00 Hrg re motion objecting to debtors' claimed exemption of individual retirement account


Docket 46

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-17-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Theodore L. Workman Jr. Represented By Larry D Simons

Joint Debtor(s):

Pamela E. Workman Represented By Larry D Simons

Trustee(s):

Arturo Cisneros (TR) Represented By

D Edward Hays Tinho Mang Chad V Haes

1:15 PM

6:15-20958


Annette M Dureso


Chapter 7


#7.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 26

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $339.10 and expenses of $73.39.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Annette M Dureso Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

1:15 PM

6:17-10151


Kevin Neri


Chapter 7


#8.00 Hrg re trustee's motion for order: (1) Approving the sale of real property of the estate free and clear of certain line


[Property: 555 South Indian Trial, Palm Springs, CA 92264] FROM: 3-9-21

Docket 164


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevin Neri Represented By

Christopher Hewitt

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

1:15 PM

6:17-17472


Aguina Aguina


Chapter 7


#9.00 Hrg re motion to compel abandonment of property of the estate FROM: 3-9-21


Docket 276


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Aguina Aguina Represented By

W. Derek May Melissa Davis Lowe

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:15 PM

6:17-17472


Aguina Aguina


Chapter 7


#10.00 Hrg re motion for order approving settlement and compromise of disputes by and among Chapter 7 Trustee and Chain-Dab King and Related Parties


FROM: 3-9-21


Docket 281


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Aguina Aguina Represented By

W. Derek May Melissa Davis Lowe

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:15 PM

6:19-10728


Moo Jeong and Myoungja Jeong


Chapter 7


#11.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 107


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Moo Jeong Pro Se

Joint Debtor(s):

Myoungja Jeong Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Chad V Haes Tinho Mang

1:15 PM

6:19-15059


Daniel Meza


Chapter 7


#12.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 28

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,322.71 and expenses of $20.20.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Daniel Meza Represented By

Natalie A Alvarado

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:15 PM

6:19-17045


Sheila San Agustin Cruz


Chapter 7


#13.00 Hrg re motion for order (1) Authorizing sale of real property free and clear of all liens, claims and encumbrances; (2) Approving overbid procedures; (3) Finding buyer as good faith; (4) Authorizing payments liens, real estate agent's commission and costs through escrow; (5) Authorizing payment of fifty percent of the net proceeds to Shara Buenaflor; and (6) Waiving 14 day stay


[Property: 1020 S. Mountain Avenue, Ontario, CA 91762] FROM: 3-9-21

Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sheila San Agustin Cruz Represented By Marjorie S Archer

Trustee(s):

Karl T Anderson (TR) Represented By Robert P Goe

1:15 PM

6:19-17365


Simon A Chen


Chapter 7


#14.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 50

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,850 and expenses of $50.29.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Simon A Chen Represented By Neil R Hedtke

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:15 PM

6:19-18662


Dymtry Ethal Lewis and Tiffany Leshone Lewis


Chapter 7


#15.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 35

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,897.52 and expenses of $37.09.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").



Party Information

Debtor(s):

Dymtry Ethal Lewis Represented By Stephen D Brittain

Joint Debtor(s):

Tiffany Leshone Lewis Represented By Stephen D Brittain

1:15 PM

CONT...

Trustee(s):


Dymtry Ethal Lewis and Tiffany Leshone Lewis


Chapter 7

Arturo Cisneros (TR) Pro Se

1:15 PM

6:20-10768


Victor Manuel Gonzalez


Chapter 7


#16.00 Hrg re trustee's final report and applications for compensation FROM: 3-9-21


Docket 24

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $2,186.83; and


  2. Karl T. Anderson: fees of $1,000.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Victor Manuel Gonzalez Represented By James P Doan

Trustee(s):

Howard B Grobstein (TR) Pro Se

3:00 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#17.00 Hrg re status conference FROM: 11-17-20, 1-12-21

Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-10- 21: CONT'D TO 5-4-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden

3:00 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#18.00 Hrg re motion for contempt for willfully violating an order of the court entered on 3-12-18


FROM: 9-1-20, 10-6-20, 11-17-20, 1-12-21


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21; CONT'D TO 5-4-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele

3:00 PM

6:19-12898


Robbie Eugene Smith and Desiree Marie Smith


Chapter 13


#19.00 Hrg re status conference


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21; CONT'D TO 5-4-21 AT 3:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robbie Eugene Smith Represented By Summer M Shaw

Joint Debtor(s):

Desiree Marie Smith Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:18-19790


Linda Rene Basquez


Chapter 7


#20.00 Hrg re status conference


Docket 0


Tentative Ruling:

The status conference will occur by telephone and both counsel for the trustee and the trustee are directed to appear. Both counsel and the trustee should review and have available copies of the order of the Court entered on January 14, 2021 [docket # 405] as well as the order of the Court entered on March 22, 2021 [docket #431].

Party Information

Debtor(s):

Linda Rene Basquez Represented By Stuart J Wald

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

3:30 PM

6:18-19790


Linda Rene Basquez


Chapter 7


#21.00 Hrg re objection to the claim number 8 of Vanessa Gutierrez in the amount of

$8,893.72


FROM: 11-17-10, 1-26-21


Docket 255

*** VACATED *** REASON: ORDER DENYING THE OBJECTION ENTERED 2-9-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Rene Basquez Represented By Stuart J Wald

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

1:30 PM

6:21-10623


Cecilia Leonard


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cecilia Leonard Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10646


Mary L Lee


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary L Lee Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10647


Glenda Renee Murphy


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Glenda Renee Murphy Pro Se

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

1:30 PM

6:21-10693


Maria Arellano


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Arellano Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10749


Diane Kay Backovich


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Diane Kay Backovich Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10754


Agustin Martin


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Agustin Martin Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-10781


Maxine J. Levander


Chapter 13


#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maxine J. Levander Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19852


Christopher M. Burford


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 55

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher M. Burford Represented By Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-14427


Ubaldo Antonio Rivas and Aura Nineth Rivas


Chapter 13


#9.00 Hrg motion for order transferring case to a judge under the loan modification program


Docket 49

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-23- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ubaldo Antonio Rivas Represented By Matthew D. Resnik

Joint Debtor(s):

Aura Nineth Rivas Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-12856


William Albert Hoffman


Chapter 13


#10.00 Hrg re motion to incur debt


Docket 50


Tentative Ruling:

The pending motion seeks to obtain secured post-petition financing on a recourse basis (i.e. the borrower is personally liable to the lender). The motion contemplates that the proposed debt will be secured by collateral and such a request is permissible under section 364 of the Bankruptcy Code. However, debt incurred post- petition on a recourse basis will also create an administrative claim in the case. See, e.g., In re Steenes, 942 F.3d 834 (7th Cir. 2019); Security Bank of Marshalltown v.

Neiman, 1 F.3d 687 (8th Cir. 1993). The amount of the administrative claim will depend on the extent to which (if any) the collateral is insufficient to pay the creditor in full.

As a consequence, in order to avoid any unpaid administrative claim at the end of the case, the terms of the proposed new recourse financing need to provide for re- payment of the new financing in full during the term of the chapter 13 plan. If the current terms of the financing contemplate payment of the new debt in full during the existing terms of the plan, the motion can be approved with the condition that if the moving party seeks to pay off the plan early, it will also need to pay off the new financing early. In other words, the chapter 13 plan could not conclude until the new debt is paid in full.

If, on the other hand, the current terms of the proposed financing extend beyond the current term of the chapter 13 plan, then the terms of the confirmed plan will need to be modified and/or extended to provide for payment of the debt prior to conclusion of the chapter 13 case.

2:00 PM

CONT...


William Albert Hoffman

The Court would appreciate it if counsel would review the cases cited above


Chapter 13

prior to the hearing.


Party Information

Debtor(s):

William Albert Hoffman Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-17688


Leticia Cisneros


Chapter 13


#11.00 Hrg re motion for order disallowing claim number 9 filed by American Express National Bank


Docket 35

*** VACATED *** REASON: NTC OF WITHDARAWAL FILED 3-23-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10322


Reginald F. Stark


Chapter 13


#12.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Reginald F. Stark Represented By Keith Q Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10405


Daisy Tobilla


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daisy Tobilla Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10430


Ernestina A Perez


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 2-16-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ernestina A Perez Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10439


LaRon M Hall


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LaRon M Hall Represented By Stephen R Wade

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10511


Julie Ann Hathaway


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 16

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Julie Ann Hathaway Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10537


James Valenzuela Del Villar and Rosa Elia Del Villar


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Valenzuela Del Villar Represented By Sundee M Teeple

Joint Debtor(s):

Rosa Elia Del Villar Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10538


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#18.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10541


Martin J Salgado, Sr. and Adela G Salgado


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martin J Salgado Sr. Represented By Paul Y Lee

Joint Debtor(s):

Adela G Salgado Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10560


Anthony T. Hakimian


Chapter 13


#20.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony T. Hakimian Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10587


Edward David Cross and Mary Ann Elizabeth Cross


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


Docket 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edward David Cross Represented By

M. Wayne Tucker

Joint Debtor(s):

Mary Ann Elizabeth Cross Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10588


Christopher Michael Kittleson and Diana Lynn Kittleson


Chapter 13


#22.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-9-21; CONT'D TO 7-26-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Michael Kittleson Represented By Paul Y Lee

Joint Debtor(s):

Diana Lynn Kittleson Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-19055


Donald H Wells and Deborah R Wells


Chapter 13


#23.00 Hrg re motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


FROM: 1-27-21


Docket 66

*** VACATED *** REASON: CASE DISMISSED 3-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald H Wells Represented By Paul Y Lee

Joint Debtor(s):

Deborah R Wells Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:17-20401


Andre N. Tynes and Winsome F. Ellis-Tynes


Chapter 13


#24.00 Motion for relief from stay


PERITUS PORFOLIO SERVICES VS DEBTORS


Property: 2016 Hyundai Accent SE

[Personal Prop] Reilly D. Wilkinson, attorney/movant


Docket 121

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-23- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andre N. Tynes Represented By Christopher J Langley Michael Smith

Joint Debtor(s):

Winsome F. Ellis-Tynes Represented By Christopher J Langley Michael Smith

Movant(s):

PERITUS PORTFOLIO SERVICES Represented By

Reilly D Wilkinson

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-16712


Urania Ursa Banks


Chapter 13


#25.00 Motion for relief from stay


NORTHROP GRUMMAN FEDERAL CREDIT UNION VS DEBTOR


Property: 2016 Honda HR-V

[Personal Prop] Bruce P. Needleman, attorney/movant


Docket 33

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 2-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Urania Ursa Banks Represented By Paul Y Lee

Movant(s):

Northrop Grumman Federal Credit Represented By

Bruce P. Needleman

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10587


Edward David Cross and Mary Ann Elizabeth Cross


Chapter 13


#26.00 Motion for relief from stay


AMERICREDIT FINANCIAL VS DEBTORS


Property: 2012 Chevrolet Tahoe

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 27

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-23- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edward David Cross Represented By

M. Wayne Tucker

Joint Debtor(s):

Mary Ann Elizabeth Cross Represented By

M. Wayne Tucker

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Mandy D Youngblood

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-11067


Cirilo Sahagun Blanche, Jr. and Jocelyn Rebong Blanche


Chapter 13


#27.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cirilo Sahagun Blanche Jr. Represented By Michael E Clark

Joint Debtor(s):

Jocelyn Rebong Blanche Represented By Michael E Clark

Movant(s):

Cirilo Sahagun Blanche Jr. Represented By Michael E Clark

Jocelyn Rebong Blanche Represented By Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10625


Henry Frederick Ramey, Jr


Chapter 13


#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Henry Frederick Ramey Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10805


Jerome C. Adamo


Chapter 13


#29.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jerome C. Adamo Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-10811


James Henry Achuff, Jr.


Chapter 13


#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Henry Achuff Jr. Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

2:45 PM

6:16-19640


Maria Guadalupe Villalobos and Ricardo Villalobos


Chapter 13


#31.00 Hrg re motion to substitute debtor(s) in as counsel in pro per instead of current counsel of record


FROM: 1-27-21


Docket 132


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Maria Guadalupe Villalobos Represented By Manfred Schroer

2:45 PM

CONT...


Maria Guadalupe Villalobos and Ricardo Villalobos


Chapter 13

Joint Debtor(s):

Ricardo Villalobos Represented By Manfred Schroer

Trustee(s):

Rod Danielson (TR) Pro Se

2:45 PM

6:19-11081


Anita Ayala


Chapter 13


#32.00 Motion for relief from stay


WELLS FARGO BANK VS DEBTOR


Property: 3691 Broken Feather Drive, Norco, CA 92860 [Real Prop] Caren J. Castle, attorney/movant


FROM: 3-10-21


Docket 66


Tentative Ruling:

Having reviewed the motion and the case, the Court finds that there is no automatic stay in this case pursuant to 11 U.S.C. § 362(c)(3)(A). The debtor filed a prior chapter 13 bankruptcy case (6:18-bk-16850-WJ) that was dismissed within twelve months prior to the filing of this case. And the debtor never filed a motion to continue the stay in this case.


Accordingly, the pending motion is unnecessary and the Court is prepared to enter an order finding that there is no automatic stay in this case. Pursuant to section 362(c)(3)(A), the automatic stay terminated in this case (as to both the debtor and property of the bankruptcy estate) on the thirtieth day after the filing of this bankruptcy case. As of March 13, 2019, there has been no automatic stay in this bankruptcy case with respect to both the debtor and the bankruptcy estate.

Party Information

Debtor(s):

Anita Ayala Represented By

Dina Farhat

Movant(s):

Wells Fargo Bank, N.A., as trustee, Represented By

Daniel K Fujimoto Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

2:45 PM

CONT...


Anita Ayala


Chapter 13

2:45 PM

6:21-10430


Ernestina A Perez


Chapter 13


#33.00 Motion for relief from stay WELLINGTON TRUST VS DEBTOR

Property: 11796 Roswell Avenue, Chino, CA 91710 [Real Prop] Darlene C. Vigil, attorney/movant


FROM: 3-10-21


Docket 12


Tentative Ruling:

Why did the moving party check boxes 7 and 7(a) of the notice of the motion and add the words "opposition may be submitted at the hearing"?

Party Information

Debtor(s):

Ernestina A Perez Pro Se

Movant(s):

Wilmington Trust, National Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

2:45 PM

6:21-10625


Henry Frederick Ramey, Jr


Chapter 13


#34.00 Motion for relief from stay


HECTOR PENA GOMEZ VS DEBTOR


Property: 24784 5th Street, San Bernardino, CA 92410 [UD] John E. Bouzane, attorney/movant


FROM: 3-10-21


Docket 18


Tentative Ruling:

The hearing regarding this motion shall be heard on shortened notice and any opposition is due at the hearing. Therefore, appearances are required at the hearing.


The motion requests relief from the automatic stay to complete an eviction.

Using a bankruptcy case to delay an eviction is not appropriate. See, e.g., In re Smith, 105 B.R. 50, 53 & 55 (Bankr. C.D. Cal. 1989) (describing cases filed to delay an eviction as “abusive” and designed to “delay improperly the landlord from obtaining possession of his property.”). Therefore, the tentative ruling of the Court is to grant the motion pursuant to 11 U.S.C. § 362(d)(1) with the following relief:


  1. Termination of the stay to allow movant (and any successors or assigns) to proceed under applicable non-bankruptcy law to enforce its remedies to obtain possession of the property.



    Debtor(s):

  2. Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).

    Party Information

    Henry Frederick Ramey Jr Pro Se

    Movant(s):

    Hector Pena Gomez Represented By John E Bouzane

    2:45 PM

    CONT...

    Trustee(s):


    Henry Frederick Ramey, Jr


    Chapter 13

    Rod Danielson (TR) Pro Se

    3:00 PM

    6:15-18214


    Anibal W Diaz Aguilar and Patricia R Diaz


    Chapter 13


    #35.00 Hrg re status conference regarding application of discharge FROM: 1-13-21

    CASE DISCHARGE: 2-4-21


    Docket 19

    Tentative Ruling:

    Final Ruling. The Court has reviewed the new applications for entry of discharge filed in this case. Based on that review, the court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

    If the debtors have any concerns, questions or objections regarding these matters or anything else regarding this case that the debtors wish to address, the debtors or counsel for the debtors are welcome to appear at the status conference. Likewise, if the debtors or counsel for the debtors wish to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

    Party Information

    Debtor(s):

    Anibal W Diaz Aguilar Represented By Vincent B Garcia

    Joint Debtor(s):

    Patricia R Diaz Represented By Vincent B Garcia

    Trustee(s):

    Rod Danielson (TR) Pro Se

    3:30 PM

    6:16-14711

    Eugenio Hernandez and Carmen Hernandez

    Chapter 13

    #36.00 Status conference regarding post-confirmation default FROM: 1-13-21

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Eugenio Hernandez Represented By Sunita N Sood

    Joint Debtor(s):

    Carmen Hernandez Represented By Sunita N Sood

    Trustee(s):

    Rod Danielson (TR) Pro Se

    3:30 PM

    6:16-14711


    Eugenio Hernandez and Carmen Hernandez


    Chapter 13


    #37.00 Hrg re motion for denying discharge or in the alternative dismissing case


    Docket 160


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Eugenio Hernandez Represented By Sunita N Sood

    Joint Debtor(s):

    Carmen Hernandez Represented By Sunita N Sood

    Trustee(s):

    Rod Danielson (TR) Pro Se

    8:30 AM

    6:20-16060


    Atoshaa Marie Turner


    Chapter 7


    #1.00 Hrg re reaffirmation agreement filed 11-18-20 between Debtor and Hyundai Capital America DBA Kia Motors Finance in the amount of $1,631.15


    RE: 2015 Kia Optima FROM: 1-14-21, 2-11-21


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Atoshaa Marie Turner Pro Se

    Trustee(s):

    Larry D Simons (TR) Pro Se

    8:30 AM

    6:20-16442


    Mike Luis Vega


    Chapter 7


    #2.00 Hrg re reaffirmation agreement filed 11-29-20 between Debtor and U.S. Bank National Association in the amount of $40,465.95


    RE: 2018 Chevrolet Truck Silverado 1500


    FROM: 1-14-21, 2-11-21


    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mike Luis Vega Pro Se

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    8:30 AM

    6:20-16890


    Matthew Michael Bomengen


    Chapter 7


    #3.00 Hrg re reaffirmation agreement filed 12-9-20 between Debtor and Bank of America, N.A. in the amount of $19,893.59


    RE: 2018 Honda Accord Sedan #3147


    FROM: 1-13-21, 2-11-21


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Matthew Michael Bomengen Pro Se

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    8:30 AM

    6:20-16896


    Steven Richard Vasquez, Jr


    Chapter 7


    #4.00 Hrg re reaffirmation agreement filed 1-20-21 between Debtor and Arrowhead Credit Union in the amount of $13,199.50


    RE: 2014 Chevrolet Silverado FROM: 3-11-21


    Docket 14


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Steven Richard Vasquez Jr Pro Se

    Trustee(s):

    Charles W Daff (TR) Pro Se

    8:30 AM

    6:20-17448


    Alan Justus Mash


    Chapter 7


    #5.00 Hrg re reaffirmation agreement filed 12-18-20 between Debtor and Bank of the West in the amount of $41,002.35


    RE: 2017 Jayco North TT FROM: 1-13-21, 2-11-21


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Alan Justus Mash Pro Se

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    8:30 AM

    6:20-17525


    Melvin Lamont Morrow


    Chapter 7


    #6.00 Hrg re reaffirmation agreement filed 1-21-21 between Debtor and Altura Credit Union in the amount of $19,036.03


    RE: 2013 BMW 528i FROM: 3-11-21


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Melvin Lamont Morrow Pro Se

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    10:00 AM

    6:20-13934


    Sheldon David Singleton and Sheleshia Lavada Singleton


    Chapter 7


    #7.00 Motion for relief from stay


    WELLS FARGO BANK VS DEBTORS


    Property: 2017 Honda Accord Sedan

    [Personal Prop] Josephine E. Salmon, attorney/movant


    Docket 84

    *** VACATED *** REASON: ORDER REGARDING MOTION ENTERED 3-24-21

    Tentative Ruling:


    Party Information

    Debtor(s):

    Sheldon David Singleton Represented By Kevin Tang

    Joint Debtor(s):

    Sheleshia Lavada Singleton Represented By Kevin Tang

    Movant(s):

    Wells Fargo Bank, N.A., d/b/a Wells Represented By

    Josephine E Salmon

    Trustee(s):

    Arturo Cisneros (TR) Represented By Nathan F Smith

    10:00 AM

    6:21-10039


    Alexis Ruben Gonzalez


    Chapter 7


    #8.00 Motion for relief from stay


    TOYOTA MOTOR CREDIT VS DEBTOR


    Property: 2020 Toyota Corolla Hatchback [Personal Prop] Austin P. Nagel, attorney/movant


    Docket 9

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-24- 21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Alexis Ruben Gonzalez Represented By Melissa A Raskey

    Movant(s):

    Toyota Motor Credit Corporation Represented By

    Austin P Nagel

    Trustee(s):

    Larry D Simons (TR) Pro Se

    10:30 AM

    6:18-20286


    Philmar Care, LLC


    Chapter 7

    Adv#: 6:20-01190 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al


    #9.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


    FROM: 3-11-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Philmar Care, LLC Represented By Ashley M McDow

    Defendant(s):

    David Garfinkel Pro Se

    Devora Garfinkel Pro Se

    Plaintiff(s):

    Howard M. Ehrenberg, Solely in his Represented By

    Daniel A Lev Asa S Hami

    Trustee(s):

    Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

    10:30 AM

    6:18-20286


    Philmar Care, LLC


    Chapter 7

    Adv#: 6:20-01189 Howard M. Ehrenberg, Solely in his capacity as cha v. Zalmanoff et al


    #10.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


    FROM: 3-11-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Philmar Care, LLC Represented By Ashley M McDow

    Defendant(s):

    Shraga Zalmanoff Pro Se

    Kasirer Trust, an entity of unknown Pro Se

    Plaintiff(s):

    Howard M. Ehrenberg, Solely in his Represented By

    Daniel A Lev Asa S Hami

    Trustee(s):

    Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

    10:30 AM

    6:18-20286


    Philmar Care, LLC


    Chapter 7

    Adv#: 6:20-01188 Howard M. Ehrenberg, Solely in his capacity as cha v. Zeffen


    #11.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims


    FROM: S/C 3-11-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Philmar Care, LLC Represented By Ashley M McDow

    Defendant(s):

    David Zeffen Pro Se

    Plaintiff(s):

    Howard M. Ehrenberg, Solely in his Represented By

    Daniel A Lev Asa S Hami

    Trustee(s):

    Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

    10:30 AM

    6:18-20286


    Philmar Care, LLC


    Chapter 7

    Adv#: 6:20-01191 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al


    #12.00 Status conference re: Complaint for (1) Avoidance and recovery of preferential transfers; (2) Avoidance and recovery of fraudulent transfers; (3) Avoidance and recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claim


    FROM: S/C 3-11-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Philmar Care, LLC Represented By Ashley M McDow

    Defendant(s):

    Abraham Garfinkel Pro Se

    Lynn Garfinkel Pro Se

    Plaintiff(s):

    Howard M. Ehrenberg, Solely in his Represented By

    Daniel A Lev Asa S Hami

    Trustee(s):

    Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel

    11:00 AM

    6:20-16627


    Ramon Road Production Campus, LLC a Delaware limit


    Chapter 7


    #13.00 Motion for relief from stay


    BRITTANY SMITH AND RLI INSURANCE VS DEBTOR


    Property: Palm Spring Court Docket Number PSC2000503 [Non Bk Forum] Emily A. Ruby, attorney/movant


    FROM: 2-25-21


    Docket 21


    Tentative Ruling:

    The tentative ruling of the Court is to deny the motion without prejudice because the movant did not serve the debtor pursuant to LBR 4001-1(c)(1)(C)(i).

    Party Information

    Debtor(s):

    Ramon Road Production Campus, Represented By

    Victor A Sahn

    Movant(s):

    Brittany Renee Smith Represented By Emily A Ruby

    Trustee(s):

    Arturo Cisneros (TR) Represented By Brandon J Iskander

    1:30 PM

    6:11-40323


    Jose Aguilar


    Chapter 13

    Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


    #14.00 Status conference re: Complaint to avoid junior lien of Onewest Bank FSB [Property: 14940 Spring Street, Fontana, CA 92335]

    FROM: 2-11-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose Aguilar Represented By

    Javier H Castillo

    Defendant(s):

    OneWest Bank FSB, successor in Pro Se

    Plaintiff(s):

    Jose Aguilar Represented By

    Javier H Castillo

    Trustee(s):

    Rod (MJ) Danielson (TR) Represented By

    Rod (MJ) Danielson (TR)

    1:30 PM

    6:11-40323


    Jose Aguilar


    Chapter 13

    Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


    #15.00 Hrg re motion for default judgment FROM: 1-28-21


    Docket 6


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose Aguilar Represented By

    Javier H Castillo

    Defendant(s):

    OneWest Bank FSB, successor in Pro Se

    Plaintiff(s):

    Jose Aguilar Represented By

    Javier H Castillo

    Trustee(s):

    Rod (MJ) Danielson (TR) Represented By

    Rod (MJ) Danielson (TR)

    1:30 PM

    6:20-13919


    Donald Ray Paulson


    Chapter 7

    Adv#: 6:20-01155 Saunders et al v. Paulson


    #16.00 Hrg re order to show cause regarding why this adversary proceeding should not be dismissed


    FROM: 1-14-21


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Ray Paulson Represented By Ronald W Ask

    Defendant(s):

    Donald Ray Paulson Pro Se

    Plaintiff(s):

    Dawn Saunders Represented By Raul B Garcia

    George Saunders Pro Se

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

    Garcia Reed & Ramirez LLP

    1:30 PM

    6:20-13919


    Donald Ray Paulson


    Chapter 7

    Adv#: 6:20-01155 Saunders et al v. Paulson


    #17.00 Status conference re: Complaint to determine dischargeability of debt FROM: S/C 12-3-20, 1-14-21

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Ray Paulson Represented By Ronald W Ask

    Defendant(s):

    Donald Ray Paulson Pro Se

    Plaintiff(s):

    Dawn Saunders Represented By Paul Y Lee

    George Saunders Represented By Paul Y Lee

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

    1:30 PM

    6:20-13919


    Donald Ray Paulson


    Chapter 7

    Adv#: 6:20-01154 Knobloch v. Paulson


    #18.00 Hrg re order to show cause regarding why this adversary proceeding should not be dismissed


    FROM: 1-14-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Ray Paulson Represented By Ronald W Ask

    Defendant(s):

    Donald Ray Paulson Pro Se

    Plaintiff(s):

    Joseph Knobloch Represented By Raul B Garcia

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

    Garcia Reed & Ramirez LLP

    1:30 PM

    6:20-13919


    Donald Ray Paulson


    Chapter 7

    Adv#: 6:20-01154 Knobloch v. Paulson


    #19.00 Status conference re: Compliant to determine dischargeability of debt FROM: S/C 12-3-20, 1-14-21

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Ray Paulson Represented By Ronald W Ask

    Defendant(s):

    Donald Ray Paulson Pro Se

    Plaintiff(s):

    Joseph Knobloch Represented By Paul Y Lee

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang

    2:00 PM

    6:20-11199


    Laura Elsa Aguilar-Recendez


    Chapter 7

    Adv#: 6:20-01183 Daff v. Avilez


    #20.00 Hrg re order to show cause regarding why the pleadings should not be stricken and judgment entered in favor of the plaintiff


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Laura Elsa Aguilar-Recendez Represented By Marcella Lucente

    Defendant(s):

    Elsa Avilez Represented By

    William E Krall

    Plaintiff(s):

    Charles W. Daff Represented By Brandon J Iskander

    Trustee(s):

    Charles W Daff (TR) Represented By Brandon J Iskander

    2:00 PM

    6:20-11199


    Laura Elsa Aguilar-Recendez


    Chapter 7

    Adv#: 6:20-01183 Daff v. Avilez


    #21.00 Hrg re motion for default judgment FROM: 2-25-21


    Docket 14


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Laura Elsa Aguilar-Recendez Represented By Marcella Lucente

    Defendant(s):

    Elsa Avilez Pro Se

    Plaintiff(s):

    Charles W. Daff Represented By Brandon J Iskander

    Trustee(s):

    Charles W Daff (TR) Represented By Brandon J Iskander

    2:30 PM

    6:20-12705


    Lance Benedict


    Chapter 7

    Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict


    #22.00 Pre-Trial conference re: Complaint of Step Ahead Music, LLC for non dischargeability of debt


    FROM S/C 10-8-20, 2-25-21


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Lance Benedict Represented By William J Howell

    Defendant(s):

    Lance Benedict Pro Se

    Plaintiff(s):

    Step Ahead Music, LLC Represented By Steven A Lamb

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    2:30 PM

    6:20-12705


    Lance Benedict


    Chapter 7

    Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict


    #23.00 Hrg re order to show cause regarding why the answer of the defendant should not be stricken and judgment entered in favor of the plaintiff


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Lance Benedict Represented By William J Howell

    Defendant(s):

    Lance Benedict Pro Se

    Plaintiff(s):

    Step Ahead Music, LLC Represented By Steven A Lamb

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    3:00 PM

    6:20-16924


    CGC-Mroz Accountants & Advisors


    Chapter 11


    #24.00 Hrg re motion for order to approve compromise controversy and settlement and release agreement between Debtor and Rixon and Associates


    FROM: 2-23-21, 3-9-21


    Docket 39


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    CGC-Mroz Accountants & Advisors Represented By

    Ian Landsberg

    Trustee(s):

    Caroline Renee Djang (TR) Pro Se

    3:00 PM

    6:20-16924


    CGC-Mroz Accountants & Advisors


    Chapter 11


    #25.00 Hg re motion to approve compromise between Debtor and Stanley R. Moroz FROM: 2-23-21, 3-9-21


    Docket 41


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    CGC-Mroz Accountants & Advisors Represented By

    Ian Landsberg

    Trustee(s):

    Caroline Renee Djang (TR) Pro Se

    3:00 PM

    6:20-16924


    CGC-Mroz Accountants & Advisors


    Chapter 11


    #26.00 Hrg re motion for order approving stipulation authorizing debtor's use of cash collateral and granting adequate protection to secured creditors


    FROM: 2-23-21, 3-9-21


    Docket 35


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    CGC-Mroz Accountants & Advisors Represented By

    Ian Landsberg

    Trustee(s):

    Caroline Renee Djang (TR) Pro Se

    3:00 PM

    6:20-16924


    CGC-Mroz Accountants & Advisors


    Chapter 11


    #27.00 Hrg re order setting chapter 11 status conference FROM: 3-9-21

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    CGC-Mroz Accountants & Advisors Represented By

    Ian Landsberg

    Trustee(s):

    Caroline Renee Djang (TR) Pro Se

    2:00 PM

    6:18-20473


    CWP Cabinets


    Chapter 7

    Adv#: 6:20-01197 Daff v. Citibank, N.A. et al


    #1.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


    FROM: 3-11-21


    Docket 14


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-31- 21; CONT'D TO 4-15-21 AT 3:00 P.M.

    Party Information

    CWP Cabinets Represented By

    J Scott Williams

    Defendant(s):

    Citibank, N.A. Pro Se

    Mark Kinnison Represented By Michael G Spector

    Plaintiff(s):

    Charles W Daff Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Charles W Daff (TR) Represented By Robert P Goe

    2:00 PM

    6:18-20473


    CWP Cabinets


    Chapter 7

    Adv#: 6:20-01195 Daff v. Barclays US et al


    #2.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


    FROM: 3-11-21


    Docket 14


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-31- 21; CONT'D TO 4-15-21 AT 3:00 P.M.

    Party Information

    CWP Cabinets Represented By

    J Scott Williams

    Defendant(s):

    Barclays US Represented By

    John C Gray

    Barclays Bank Delaware Represented By John C Gray

    Mark Kinnison Represented By Michael G Spector

    Plaintiff(s):

    Charles W Daff Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Charles W Daff (TR) Represented By Robert P Goe

    2:00 PM

    6:18-20473


    CWP Cabinets


    Chapter 7

    Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al


    #3.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


    FROM: 3-11-21


    Docket 11


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-31- 21; CONT'D TO 4-15-21 AT 3:00 P.M.

    Party Information

    CWP Cabinets Represented By

    J Scott Williams

    Defendant(s):

    Chase Bank U.S.A., N.A. Pro Se

    Mark Kinnison Represented By Michael G Spector

    Paula Roberts Represented By Michael G Spector

    Plaintiff(s):

    Charles W Daff Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Charles W Daff (TR) Represented By Robert P Goe

    2:00 PM

    6:18-20473


    CWP Cabinets


    Chapter 7

    Adv#: 6:20-01194 Daff v. American Express National Bank et al


    #4.00 Hrg re motion to dismiss compliant for failure to state a claim upon which relief can be granted


    FROM: 3-11-21


    Docket 14


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-31- 21; CONT'D TO 4-15-21 AT 3:00 P.M.

    Party Information

    CWP Cabinets Represented By

    J Scott Williams

    Defendant(s):

    American Express National Bank Pro Se

    Michael Rodriguez Represented By Michael G Spector

    Paula Roberts Represented By Michael G Spector

    Plaintiff(s):

    Charles W Daff Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Charles W Daff (TR) Represented By Robert P Goe

    2:00 PM

    6:18-20473


    CWP Cabinets


    Chapter 7

    Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al


    #5.00 Hrg re motion to dismiss complaint for: (1) Lack of standing; and (2) Failure to state a claim upon which relief can be granted


    FROM: 3-11-21


    Docket 10


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-31- 21; CONT'D TO 4-15-21 AT 3:00 P.M.

    Party Information

    CWP Cabinets Represented By

    J Scott Williams

    Defendant(s):

    Adelanto Millworks, LLC Represented By Michael G Spector

    Mark Kinnison Represented By Michael G Spector

    Plaintiff(s):

    Charles W Daff Represented By Robert P Goe Charity J Manee

    Trustee(s):

    Charles W Daff (TR) Represented By Robert P Goe

    1:00 PM

    6:18-19790


    Linda Rene Basquez


    Chapter 7


    #1.00 Hrg re chapter 7 trustee's omnibus motion for order partially disallowing the following claims as unsupported claim


    Claim number 8 filed by Vanessa Gutierrez Claim number 9 filed by Kevin Thanh Bui Claim number 11 filed by Diane De George Claim number17 filed by Steven Hill

    Claim number 18 filed by Robert Klunk Claim number 20 filed by Jane Laxamana Claim number 22 filed by Kent Morgan Claim number 24 filed by Maria Panaligan Claim number 26 filed by Mariel Saldana Claim number 28 filed by Joe Strange Claim number 30 filed by Hanyu Xie

    Claim number 31 filed by Danielle Starkman Claim number 32 filed by Christopher Stamas


    Docket 421

    *** VACATED *** REASON: NTC OF WITHDRAWL FILED 3-25-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Linda Rene Basquez Represented By Stuart J Wald

    Trustee(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    1:00 PM

    6:18-19790


    Linda Rene Basquez


    Chapter 7


    #2.00 Hrg re chapter 7 trustee's omnibus motion for order partially disallowing the following claims as unsupported claims


    Claim number 13 filed by Tracy Ferris Claim number 15 filed by Apelu Foisaga


    Docket 419

    *** VACATED *** REASON: NTC OF WITHDRAWL FILED 3-25-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Linda Rene Basquez Represented By Stuart J Wald

    Trustee(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    1:00 PM

    6:18-19790


    Linda Rene Basquez


    Chapter 7


    #3.00 Hrg re chapter 7 trustee's omnibus motion for order partially disallowing the following claims as unsupported claims


    Claim number 10 filed by Alisha Cruzan Claim number 12 filed by Bridget Dorn Claim number 14 filed by David Fishbeck Claim number 19 filed by Alisa Koh

    Claim number 21 filed by Ramon Mascorro Claim number23 filed by Mary Newton Claim number 25 filed by Tyla Catena Claim number 33 filed by Sara Jacques


    Docket 424

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-24- 21; CONT'D TO 7-6-21 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Linda Rene Basquez Represented By Stuart J Wald

    Trustee(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    1:00 PM

    6:20-14160


    Gilbert C Ramirez, Jr. and Patricia M Ramirez


    Chapter 11


    #4.00 Hrg re motion for dismissal or conversion to chater 7 proceeding


    Docket 89


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Gilbert C Ramirez Jr. Represented By Leonard J Cravens

    Joint Debtor(s):

    Patricia M Ramirez Represented By Leonard J Cravens

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    1:00 PM

    6:20-17503


    Pro Installs Appliance Installations, Inc.


    Chapter 11


    #5.00 Hrg re first interim application for compensation and reimbursement of expenses of Michael Jay Berger


    Docket 73


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Pro Installs Appliance Installations, Represented By

    Michael Jay Berger

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    1:00 PM

    6:20-17503


    Pro Installs Appliance Installations, Inc.


    Chapter 11


    #5.01 Hrg re application for payment of interim fees and or expenses of Jennifer M. Lui


    Docket 77


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Pro Installs Appliance Installations, Represented By

    Michael Jay Berger

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    1:00 PM

    6:20-17506


    Gary Outzen


    Chapter 7


    #6.00 Hrg re motion for order to operate certain real property of the estate


    Docket 67


    Tentative Ruling:

    Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the debtor, creditors and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

    No appearance is necessary.


    For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


    Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

    9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

    Party Information

    Debtor(s):

    Gary Outzen Represented By

    Todd L Turoci

    1:00 PM

    CONT...

    Trustee(s):


    Gary Outzen


    Chapter 7

    Lynda T. Bui (TR) Represented By Melissa Davis Lowe

    1:00 PM

    6:20-17551


    CNC Puma Corporation


    Chapter 11


    #6.01 Hrg re motion for order fixing dates in subchapter V case


    Docket 51


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    CNC Puma Corporation Represented By

    J. Luke Hendrix

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    2:00 PM

    6:20-14160


    Gilbert C Ramirez, Jr.


    Chapter 11

    Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al


    #7.00 Status conference re: Complaint to deny debtors' discharge FROM: S/C 2-11-21, 3-11-21

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Gilbert C Ramirez Jr. Represented By Leonard J Cravens

    Defendant(s):

    Gilbert C Ramirez Jr. Pro Se

    Patricia M Ramirez Pro Se

    Joint Debtor(s):

    Patricia M Ramirez Represented By Leonard J Cravens

    Plaintiff(s):

    United States Trustee for the Central Represented By

    Everett L Green

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    2:30 PM

    6:13-22630


    Derek Ryan Ross and Tammy Ann Ross


    Chapter 7


    #8.00 Hrg re motion to avoid lien with Nikiforos and Georgia Valakantjis


    [Property: 8365 Avenida Leon Rancho Cucamonga, San Bernardino, CA 91730]


    Docket 48


    Tentative Ruling:

    Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

    No appearance is necessary.


    For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


    Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

    9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

    Party Information

    Debtor(s):

    Derek Ryan Ross Represented By M Stephen Cho David Jacob

    2:30 PM

    CONT...


    Derek Ryan Ross and Tammy Ann Ross


    Chapter 7

    Joint Debtor(s):

    Tammy Ann Ross Represented By M Stephen Cho David Jacob

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    2:30 PM

    6:13-22630


    Derek Ryan Ross and Tammy Ann Ross


    Chapter 7


    #9.00 Hrg re motion to avoid lien with MCT Group


    [Property: 8365 Avenida Leon Rancho Cucamonga, San Bernardino, CA 91730]


    Docket 46


    Tentative Ruling:

    Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

    No appearance is necessary.


    For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


    Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

    9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

    Party Information

    Debtor(s):

    Derek Ryan Ross Represented By M Stephen Cho David Jacob

    2:30 PM

    CONT...


    Derek Ryan Ross and Tammy Ann Ross


    Chapter 7

    Joint Debtor(s):

    Tammy Ann Ross Represented By M Stephen Cho David Jacob

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    2:30 PM

    6:11-28399


    Gina Marie Stafford


    Chapter 7


    #9.01 Hrg re motion to avoid lien with Citbank (South Dakota), N.A. [Property: 6576 Vianza Pl, Rancho Cucamonga, CA 91701]


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Gina Marie Stafford Represented By Matthew Donahue Keith Q Nguyen

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    2:30 PM

    6:20-15791


    Rocio Solache-Gil


    Chapter 7


    #9.02 Hrg re motion to avoid lien with Judgment Recovery Assistance, LLC [Property: 5800 Hammer Avenue, Spc 141, Mira Loma, CA 91752]


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rocio Solache-Gil Represented By Jaime A Cuevas Jr.

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    3:00 PM

    6:18-11111


    Universal Surveillance Systems, LLC


    Chapter 7

    Adv#: 6:19-01007 Anderson v. Gonzaga University


    #10.00 Pre-Trial conference re: Complaint for (1) Avoidance, recovery, and preservation of fraudulent transfers; (2) Avoidance, recovery, and preservation of fraudulent transfer; (3) Avoidance, recovery, and preservation of fraudulent transfers; and

    (4) Avoidance, recovery, and preservation of fraudulent transfers FROM: S/C 4-11-19, P/T 12-5-19, 6-25-20, 9-17-20

    Docket 1

    *** VACATED *** REASON: ADVERSARY DISMISSED 1-15-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Universal Surveillance Systems, Represented By

    Jeffrey I Golden

    Defendant(s):

    Gonzaga University Pro Se

    Plaintiff(s):

    Karl T. Anderson Represented By Judith E Marshack

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw

    3:00 PM

    6:18-11111


    Universal Surveillance Systems, LLC


    Chapter 7

    Adv#: 6:19-01006 Anderson v. Point Loma Nazarene University


    #11.00 Pre-Trial conference re: Complaint for (1) Avoidance, recovery, and preservation of fraudulent transfers; (2) Avoidance, recovery, and preservation of fraudulent transfer; (3) Avoidance, recovery, and preservation of fraudulent transfers; and

    (4) Avoidance, recovery, and preservation of fraudulent transfers FROM: S/C 4-11-19, 4-18-19, 5-2-19, 6-25-20, P/T 9-17-20


    Docket 1

    *** VACATED *** REASON: ORDER DISMISSING ENTERED 1-19-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Universal Surveillance Systems, Represented By

    Jeffrey I Golden

    Defendant(s):

    Point Loma Nazarene University Pro Se

    Plaintiff(s):

    Karl T. Anderson Represented By Judith E Marshack

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw

    1:30 PM

    6:21-10875


    Kashif Khan and Monica Cruz


    Chapter 13


    #1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 3


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Kashif Khan Represented By

    Sundee M Teeple

    Joint Debtor(s):

    Monica Cruz Represented By

    Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11015


    Michelle F. Allan


    Chapter 13


    #2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Michelle F. Allan Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11027


    Brian E Scott


    Chapter 13


    #3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Brian E Scott Represented By

    Summer M Shaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11030


    Perry C Robertson


    Chapter 13


    #4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Perry C Robertson Represented By Summer M Shaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11047


    Salvador Marron Valadez and Maria Godinez Aceves


    Chapter 13


    #5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Salvador Marron Valadez Represented By Clay E Presley

    Joint Debtor(s):

    Maria Godinez Aceves Represented By Clay E Presley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11050


    Rovinski Renter


    Chapter 13


    #6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Rovinski Renter Represented By Michael Smith

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11058


    George Pirsko and Rachel Pirsko


    Chapter 13


    #7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    George Pirsko Represented By Sundee M Teeple

    Joint Debtor(s):

    Rachel Pirsko Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:18-11896


    Steven Zamarripa


    Chapter 13


    #8.00 Hrg re trustee's motion to dismiss case regarding delinquency


    Docket 129

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-29-21

    Party Information

    Debtor(s):

    Steven Zamarripa Represented By Andy C Warshaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-14830

    Elisha L. Cornforth

    Chapter 13

    #9.00 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 44

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FIELD 3-23-21

    Party Information

    Debtor(s):

    Elisha L. Cornforth Represented By Christopher J Langley Michael Smith

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-19512

    Keith Frazer and Marlene L. Frazer

    Chapter 13

    #10.00 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 73

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-25-21

    Party Information

    Debtor(s):

    Keith Frazer Represented By

    Gregory Ashcraft

    Joint Debtor(s):

    Marlene L. Frazer Represented By Gregory Ashcraft

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:17-11823

    Margaret Latoya Broadnax

    Chapter 13

    #10.01 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 39

    Debtor(s):

    *** VACATED *** REASON: SCHEULING ORDER ENTERED 4-1-21

    Party Information

    Margaret Latoya Broadnax Represented By Steven A Alpert

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:17-17653

    Charoletta Brinetta Green

    Chapter 13

    #10.02 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 124

    Debtor(s):

    *** VACATED *** REASON: SCHEULING ORDER ENTERED 4-1-21

    Party Information

    Charoletta Brinetta Green Represented By Norma Duenas

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:18-15084

    Clement Leroy Harris and Nannetta Harris

    Chapter 13

    #10.03 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 75

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-23-21

    Party Information

    Debtor(s):

    Clement Leroy Harris Represented By Dana Travis

    Joint Debtor(s):

    Nannetta Harris Represented By Dana Travis

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:18-18497

    David Earl Drahos and Gail Annette Drahos

    Chapter 13

    #10.04 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 88

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 3-29-21

    Party Information

    Debtor(s):

    David Earl Drahos Represented By Summer M Shaw

    Joint Debtor(s):

    Gail Annette Drahos Represented By Summer M Shaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:18-16925

    Amber R. Armendariz

    Chapter 13

    #10.05 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 79

    Debtor(s):

    *** VACATED *** REASON: SCHEULING ORDER ENTERED 4-1-21

    Party Information

    Amber R. Armendariz Represented By Gregory Ashcraft

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-15112

    Josephine Abad Gaerlan

    Chapter 13

    #10.06 Hrg re trustee's motion to dismiss case regarding delinquency

    Docket 54

    Debtor(s):

    *** VACATED *** REASON: SCHEULING ORDER ENTERED 4-1-21

    Party Information

    Josephine Abad Gaerlan Represented By

    Rabin J Pournazarian

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10623

    Cecilia Leonard

    Chapter 13

    #11.00 Confirmation of Chapter 13 Plan

    Docket 15


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Cecilia Leonard Represented By Benjamin R Heston

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10625


    Henry Frederick Ramey, Jr


    Chapter 13


    #12.00 Confirmation of Chapter 13 Plan


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Henry Frederick Ramey Jr Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10646


    Mary L Lee


    Chapter 13


    #13.00 Confirmation of Chapter 13 Plan


    Docket 6


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Mary L Lee Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10647


    Glenda Renee Murphy


    Chapter 13


    #14.00 Confirmation of Chapter 13 Plan


    Docket 5


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Glenda Renee Murphy Pro Se

    Trustee(s):

    Rod (WJ) Danielson (TR) Pro Se

    2:00 PM

    6:21-10693


    Maria Arellano


    Chapter 13


    #15.00 Confirmation of Chapter 13 Plan


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Maria Arellano Represented By Jaime A Cuevas Jr.

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10749


    Diane Kay Backovich


    Chapter 13


    #16.00 Confirmation of Chapter 13 Plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Diane Kay Backovich Represented By Nicholas M Wajda

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10754


    Agustin Martin


    Chapter 13


    #17.00 Confirmation of Chapter 13 Plan


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Agustin Martin Represented By Benjamin R Heston

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10781


    Maxine J. Levander


    Chapter 13


    #18.00 Confirmation of Chapter 13 Plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Maxine J. Levander Represented By Michael Smith

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10805


    Jerome C. Adamo


    Chapter 13


    #19.00 Confirmation of Chapter 13 Plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    Jerome C. Adamo Represented By Julie J Villalobos

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10811


    James Henry Achuff, Jr.


    Chapter 13


    #20.00 Confirmation of Chapter 13 Plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; CONT'D TO 7-26-21 AT 2:30 P.M.

    Party Information

    James Henry Achuff Jr. Represented By

    Rabin J Pournazarian

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:15 PM

    6:12-37113


    Tamela Rochelle Cash-Curry


    Chapter 13


    #21.00 Hrg re motion to avoid lien with Equable Ascent Financial, LLC FROM: 2-24-21


    Docket 96


    Debtor(s):

    *** VACATED *** REASON: SCHECULING ORDER ENTERED 3-25- 21; CONT'D TO 5-13-21 AT 3:00 P.M.

    Party Information

    Tamela Rochelle Cash-Curry Represented By Andrew Moher

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:30 PM

    6:20-14078


    David E Morgan


    Chapter 13


    #22.00 Motion for relief from stay


    TOYOTA MOTOR CREDIT VS DEBTOR


    Property: 2014 Toyota Camry

    [Personal Prop] Austin P. Nagel, attorney/movant


    Docket 41

    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21

    Party Information

    David E Morgan Represented By Daniel C Sever

    Movant(s):

    Toyota Motor Credit Corporation Represented By

    Austin P Nagel

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:30 PM

    6:21-10646


    Mary L Lee


    Chapter 13


    #23.00 Motion for relief from stay


    CATAMOUNT PROPERTIES 2018 VS DEBTOR


    Property: 5812 San Sevaine Road, Rancho Cucamonga, CA 91739 [UD] Amelia Valenzuela, attorney/movant


    Docket 20

    Debtor(s):

    *** VACATED *** REASON: CASE DISMISSED 4-5-21

    Party Information

    Mary L Lee Pro Se

    Movant(s):

    Catamount Properties 2018, LLC Represented By

    Amelia B. Valenzuela

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:30 PM

    6:21-10647


    Glenda Renee Murphy


    Chapter 13


    #24.00 Motion for relief from stay


    CATAMOUNT PROPERTIES 2018 VS DEBTOR


    Property: 5812 San Sevaine Road, Rancho Cucamonga, CA 91739 [UD] Amelia Valenzuela, attorney/movant


    Docket 23

    Debtor(s):

    *** VACATED *** REASON: CASE DISMISSED 4-5-21

    Party Information

    Glenda Renee Murphy Pro Se

    Movant(s):

    Catamount Properties 2018, LLC, its Represented By

    Amelia B. Valenzuela

    Trustee(s):

    Rod (WJ) Danielson (TR) Pro Se

    2:30 PM

    6:21-11065


    Joseph Robert Carter and Natilee Susanne Carter


    Chapter 13


    #25.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENT ERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Joseph Robert Carter Represented By Paul Y Lee

    Joint Debtor(s):

    Natilee Susanne Carter Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:30 PM

    6:21-11067


    Cirilo Sahagun Blanche, Jr. and Jocelyn Rebong Blanche


    Chapter 13


    #26.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENT ERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Party Information

    Cirilo Sahagun Blanche Jr. Represented By Michael E Clark

    Joint Debtor(s):

    Jocelyn Rebong Blanche Represented By Michael E Clark

    Trustee(s):

    Rod Danielson (TR) Pro Se

    8:30 AM

    6:21-10227


    Christian Santos Rivera


    Chapter 7


    #1.00 Hrg re reaffirmation agreement filed 2-28-21 between Debtor and Toyota Motor Credit Corporation in the amount of $22,885.82


    RE: 2020 Toyota Corolla


    Docket 10


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 5-13-21 AT 8:30 A.M.

    Party Information

    Christian Santos Rivera Pro Se

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    8:30 AM

    6:21-10344


    Shawn Macky Edward Loaiza


    Chapter 7


    #2.00 Hrg re reaffirmation agreement filed 2-19-21 between Debtor and Toyota Motor Credit Corporation in the amount of $24,915.61


    RE: 2020 Toyota Corolla


    Docket 11


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 5-13-21 AT 8:30 P.M.

    Party Information

    Shawn Macky Edward Loaiza Pro Se

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    10:00 AM

    6:19-10528


    KLINTON, INC, a California Corporation


    Chapter 7

    Adv#: 6:21-01012 Grobstein v. Mehtar et al


    #3.00 Status conference re: Complaint to: (1) avoid and recover preferential transfer;

    (2) to avoid and recover fraudulent transfers; (3) to avoid and recover transfers and (4) to preserve transfers for the benefit of the estate


    Docket 1


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-29- 21; CONT'D TO 5-6-21 AT 11:00 A.M.

    Party Information

    KLINTON, INC, a California Represented By Michael E Plotkin

    Defendant(s):

    Leena Mehtar Pro Se

    Danna Mehtar Pro Se

    LDZJ Family Limited Partnership Pro Se

    Mohammed Naji Pro Se

    Plaintiff(s):

    Howard B. Grobstein Represented By David M Goodrich

    Trustee(s):

    Howard B Grobstein (TR) Represented By David M Goodrich

    10:00 AM

    6:20-14160


    Gilbert C Ramirez, Jr. and Patricia M Ramirez


    Chapter 7


    #4.00 Motion for relief from stay


    AJAX MORTGAGE VS DEBTORS


    Property: 26302 Monroe Street, Thermal, CA 92274 [Real Property] Reilly D. Wilkinson, attorney/movant


    Docket 94


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 5-13-21 AT 11:00 A.M.

    Party Information

    Gilbert C Ramirez Jr. Represented By Leonard J Cravens

    Joint Debtor(s):

    Patricia M Ramirez Represented By Leonard J Cravens

    Movant(s):

    Ajax Mortgage Loan Trust 2019-E, Represented By

    Joshua L Scheer Reilly D Wilkinson

    Trustee(s):

    Arturo Cisneros (TR) Represented By Arturo M Cisneros

    10:00 AM

    6:21-10444


    Mark Matthew Towle


    Chapter 7


    #5.00 Motion for relief from stay McPHERSON RANE VS DE DEBTOR

    Property: Superior Court Docket # BC690858

    [Non Bk Forum] Edwin F. McPherson, attorney/movant


    Docket 11


    Debtor(s):

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 5-13-21 AT 11:00 A.M.

    Party Information

    Mark Matthew Towle Represented By Kathleen P March

    Movant(s):

    McPherson Rane LLP Represented By

    Edwin F McPherson

    Trustee(s):

    Steven M Speier (TR) Pro Se

    10:30 AM

    6:20-14390


    Long Hung Ha


    Chapter 7

    Adv#: 6:21-01001 Liu et al v. Ha


    #6.00 Status conference re: Complaint to discharge for certain debts


    Docket 1

    *** VACATED *** REASON: NTC OF REQUEST FOR DISMISSAL FILED 3-1-21

    Party Information

    Debtor(s):

    Long Hung Ha Represented By Leslie A Cohen

    Defendant(s):

    Long Hung Ha Pro Se

    Plaintiff(s):

    Yanmin Liu Represented By

    Felix T Woo

    Kesheng Liu Represented By

    Felix T Woo

    Sanping Liu Represented By

    Felix T Woo

    Trustee(s):

    Karl T Anderson (TR) Represented By Melissa Davis Lowe

    11:00 AM

    6:20-14758


    Ridge Park Point, LLC


    Chapter 7


    #7.00 Motion for relief from stay


    MERCHANTS BANK OF COMMERCE VS DEBTOR


    Property: 43620 Ridge Park Drive, Temecula, CA 92590-5520 [Real Prop] Walter R. Dahl, attorney/movant


    FROM: 11-5-20, 12-3-20, 12-17-20, 1-28-21, 2-25-21


    Docket 39

    Debtor(s):

    *** VACATED *** REASON: NTC OF WITHDAWAL 3-16-21

    Party Information

    Ridge Park Point, LLC Represented By Joshua J Herndon

    Movant(s):

    Merchants Bank of Commerce Represented By Walter R Dahl

    Trustee(s):

    Arturo Cisneros (TR) Represented By Kelli M Brown

    William Malcolm Nathan F Smith Christina J Khil

    1:30 PM

    6:18-19730


    Vario Corp.


    Chapter 7

    Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al


    #8.00 Hrg re motion of Kalamata Capital Group LLC for judgment on the pleadings or in the alterative for summary judgment


    Docket 16

    *** VACATED *** REASON: ORDER DENYING MOTON ENTERED 4- 7-21

    Party Information

    Debtor(s):

    Vario Corp. Represented By

    Michael Y Lo

    Defendant(s):

    KINGS CASH GROUP, LLC Represented By

    Misty A Perry Isaacson Timothy W Evanston

    KALAMATA CAPITAL GROUP Represented By

    Misty A Perry Isaacson

    Albert Gahfi Represented By

    Misty A Perry Isaacson Timothy W Evanston

    DOES 1-2 Pro Se

    Plaintiff(s):

    Lynda Bui Represented By

    Ryan D O'Dea Elmer D Martin III Leonard M Shulman

    East West Bank Represented By

    1:30 PM

    CONT...


    Trustee(s):


    Vario Corp.


    Elmer D Martin III Curtis C. Jung Clifford P Jung


    Chapter 7

    Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

    1:30 PM

    6:20-14390


    Long Hung Ha


    Chapter 7

    Adv#: 6:21-01001 Liu et al v. Ha


    #9.00 Hrg re motion to dismiss adversary proceeding


    Docket 4

    Debtor(s):

    *** VACATED *** REASON: ORDER ENTERED 3-29-21

    Party Information

    Long Hung Ha Represented By Leslie A Cohen

    Defendant(s):

    Long Hung Ha Represented By Leslie A Cohen

    Plaintiff(s):

    Yanmin Liu Represented By

    Felix T Woo

    Kesheng Liu Represented By

    Felix T Woo

    Sanping Liu Represented By

    Felix T Woo

    Trustee(s):

    Karl T Anderson (TR) Represented By Melissa Davis Lowe

    1:30 PM

    6:20-14390


    Long Hung Ha


    Chapter 7

    Adv#: 6:21-01001 Liu et al v. Ha


    #10.00 Hrg re motion for leave to file adversary proceeding complaint for exception to discharge for certain debts


    Docket 9

    Debtor(s):

    *** VACATED *** REASON: ORDER ENTERED 3-29-21

    Party Information

    Long Hung Ha Represented By Leslie A Cohen

    Defendant(s):

    Long Hung Ha Represented By Leslie A Cohen

    Plaintiff(s):

    Yanmin Liu Represented By

    Felix T Woo

    Kesheng Liu Represented By

    Felix T Woo

    Sanping Liu Represented By

    Felix T Woo

    Trustee(s):

    Karl T Anderson (TR) Represented By Melissa Davis Lowe

    10:00 AM

    6:20-14548


    Ryan Eli


    Chapter 13


    #1.00 Confirmation of Chapter 13 Plan


    FROM: 8-19-20, 1-11-21


    Docket 2

    *** VACATED *** REASON: CASE DISMISSED 4-6-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Ryan Eli Represented By

    Natalie A Alvarado

    Trustee(s):

    Rod Danielson (TR) Pro Se

    10:00 AM

    6:20-14548


    Ryan Eli


    Chapter 13


    #2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21


    Docket 2

    *** VACATED *** REASON: CASE DISMISSED 4-6-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Ryan Eli Represented By

    Natalie A Alvarado

    Trustee(s):

    Rod Danielson (TR) Pro Se

    10:00 AM

    6:20-14607


    Asdrubal Diaz


    Chapter 13


    #3.00 Confirmation of Chapter 13 Plan


    FROM: 9-2-20


    Docket 0


    Tentative Ruling:

    All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

    Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

    Password: 900728


    The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

    video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


    Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

    Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

    On January 5, 2021, the Court entered a scheduling order [docket #40]

    10:00 AM

    CONT...


    Asdrubal Diaz


    Chapter 13

    ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

    On March 23, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #48] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on August 19, 2020 [docket #26] ("Plan") on the terms set forth in the Statement and the attached worksheet.

    Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on March 23, 2021 [docket #49] agreeing with the Trustee’s terms in the Statement and the worksheet. Any objection to confirmation was filed but later withdrawn.

    The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

    On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

    Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

    1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


      Starting August 4, 2020, the monthly plan payment is $1,999. Starting September 4, 2020, the monthly plan payment is $2,200.

      The due date for each payment is the 4th day of each month and the Trustee

      10:00 AM

      CONT...


      Asdrubal Diaz


      Chapter 13

      must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $131,799. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


    2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


    3. Other provisions:


      1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


      2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $75 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


      3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

        10:00 AM

        CONT...


        Asdrubal Diaz

        Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


        (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


        Chapter 13

        Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


      4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


      5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

        10:00 AM

        CONT...


        Asdrubal Diaz

      6. Interlineations:


        1. The Trustee shall pay the secured claim of PennyMac Loan Services in the amount of $18,279.99 at a rate no less than

          $304.67 per month for 60 months.


        2. The Trustee shall pay the secured claim of Sunnymead Ranch


          Chapter 13

          Planned Community Association in the amount of $17,461.24 at a rate no less than $371 per month for 60 months with interest at the rate of 10% per annum.


        3. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


        4. Additional provisions:


          1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


          2. No claims listed in Class 3B (or any other class) shall be bifurcated.


          3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither

            10:00 AM

            CONT...


            Asdrubal Diaz


            Chapter 13

            the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


          4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


          5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

            (i.e. F 3015-1.02.NOTICE.341.CNFRM or

            F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


          6. The Plan is modified to comply with the requirements of the court’s approved plan form.


          7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


          8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


          9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s

            10:00 AM

            CONT...


            Asdrubal Diaz


            Chapter 13

            mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


          10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

            3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


          11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


          12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


        5. Direct Payments and Related Matters


          1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


            With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in August of 2020 in the approximate amount of $1,153.41 per month to the creditor PennyMac Loan Services. The Trustee shall also commence paying the monthly homeowners association dues for the same property in September of 2020 in the approximate amount of $108 per month to the creditor Sunnymead Ranch Planned Community Association. Until that time, the Debtors shall timely make the post-petition payments directly to both creditors. Other than those few payments by the Debtors prior to August of 2020, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the limited period of time during which they are responsible for making Direct Payments.


          2. As used in this order, the term "Direct Payments" means (i) all

            10:00 AM

            CONT...


            Asdrubal Diaz


            Chapter 13

            payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


          3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


          4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


          5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in

            10:00 AM

            CONT...


            Asdrubal Diaz


            Chapter 13

            2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

            Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


          6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

10:00 AM

CONT...

Debtor(s):


Asdrubal Diaz


Chapter 13

Asdrubal Diaz Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-14607


Asdrubal Diaz


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Asdrubal Diaz Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

CONT...

Asdrubal Diaz

Chapter 13

10:00 AM

6:20-14846

Andre Jones, Jr. and Helena Mercedes Jones

Chapter 13

#5.00 Confirmation of Chapter 13 Plan

FROM: 9-2-20, 1-11-21

Docket 0

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On January 5, 2021, the Court entered a scheduling order [docket #32]

10:00 AM

CONT...


Andre Jones, Jr. and Helena Mercedes Jones


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

On March 25, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #40] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on July 21, 2020 [docket #14] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on March 30, 2021 [docket #41] agreeing with the Trustee’s terms in the Statement and the worksheet.

The Debtors have not objected to the Court’s procedures order [docket #12] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting August 17, 2020, the monthly plan payment is $1,693. Starting September 17, 2020, the monthly plan payment is $1,773. Starting January 17, 2021, the monthly plan payment is $1,845.

    10:00 AM

    CONT...


    Andre Jones, Jr. and Helena Mercedes Jones

    Starting June 17, 2021, the monthly plan payment is $2,304.


    Chapter 13



    The due date for each payment is the 17th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $133,210. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,500, counsel is entitled to payment of $2,500 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the

      10:00 AM

      CONT...


      Andre Jones, Jr. and Helena Mercedes Jones

      claims and (B) the term "Unfiled Secured/Priority Debts" means all secured


      Chapter 13

      and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and

      10:00 AM

      CONT...


      Andre Jones, Jr. and Helena Mercedes Jones


      Chapter 13

      nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $3,602.73 at a rate no less than $60.05 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $7,034.35 at a rate no less than

        $117.24 per month for 60 months.


      3. The Trustee shall pay the secured claim of Capital One Auto Finance in the amount of $14,201.23 at a rate no less than

        $267.99 per month for 60 months with interest at the rate of 5% per annum.


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example,

          10:00 AM

          CONT...


          Andre Jones, Jr. and Helena Mercedes Jones


          Chapter 13

          the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan

          10:00 AM

          CONT...


          Andre Jones, Jr. and Helena Mercedes Jones


          Chapter 13

          provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2011 Volkswagen Jetta in the approximate amount of $459.33 per month. (Creditor: Santander Consumer USA).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in

          10:00 AM

          CONT...


          Andre Jones, Jr. and Helena Mercedes Jones


          Chapter 13

          advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the

          10:00 AM

          CONT...


          Andre Jones, Jr. and Helena Mercedes Jones


          Chapter 13

          Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Andre Jones Jr. Represented By Kristin R Lamar

Joint Debtor(s):

Helena Mercedes Jones Represented By Kristin R Lamar

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-14846


Andre Jones, Jr. and Helena Mercedes Jones


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20, 1-11-21


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Andre Jones Jr. Represented By Kristin R Lamar

Joint Debtor(s):

Helena Mercedes Jones Represented By

10:00 AM

CONT...


Trustee(s):


Andre Jones, Jr. and Helena Mercedes Jones

Kristin R Lamar


Chapter 13

Rod Danielson (TR) Pro Se

10:00 AM

6:20-15109


Tracy Ann Davis


Chapter 13


#7.00 Confirmation of Chapter 13 Plan


FROM: 9-16-20, 1-11-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On January 5, 2021, the Court entered a scheduling order [docket #43]

10:00 AM

CONT...


Tracy Ann Davis


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

On March 17, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #58] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 1, 2020 [docket #29] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on April 5, 2021 [docket #59] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 1, 2020, the monthly plan payment is $1,120. Starting October 1, 2020, the monthly plan payment is $3,202.

    10:00 AM

    CONT...


    Tracy Ann Davis


    Chapter 13

    The due date for each payment is the 1st day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $190,038. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $0; having previously received

      $0, counsel is entitled to payment of $0 from the estate.


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      10:00 AM

      CONT...


      Tracy Ann Davis

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $16,733.05 at a rate no less than

        $278.88 per month for 60 months.

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        CONT...


        Tracy Ann Davis

      2. The Trustee shall pay the secured claim of PHH Mortgage in the amount of $32,735.90 at a rate no less than $545.60 per month for 60 months.


      3. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


        Chapter 13


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and

          10:00 AM

          CONT...


          Tracy Ann Davis


          Chapter 13

          timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other

          10:00 AM

          CONT...


          Tracy Ann Davis


          Chapter 13

          attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2017 Hyundai Velocity in the approximate amount of $534 per month. (Creditor: Capital One).


          With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in October of 2020 in the approximate amount of $1,579.30 per month to the creditor PHH Mortgage. The Trustee shall also commence paying the monthly homeowners association dues for the same property in October of 2020 in the approximate amount of $220 per month to the creditor Laings. Until that time, the Debtors shall timely make the post- petition mortgage payments directly to both creditors.


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give

          10:00 AM

          CONT...


          Tracy Ann Davis


          Chapter 13

          away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates

          10:00 AM

          CONT...


          Tracy Ann Davis


          Chapter 13

          of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


      6. Abandoned Property.

As discussed on the record and as set forth in the Procedures Order, the 2017 BMW 3 series ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary.

The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.

Party Information

10:00 AM

CONT...

Debtor(s):


Tracy Ann Davis


Chapter 13

Tracy Ann Davis Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-15109


Tracy Ann Davis


Chapter 13


#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Tracy Ann Davis Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

CONT...

Tracy Ann Davis

Chapter 13

10:00 AM

6:20-15615

Thanh V Nguyen and Veronica Prado

Chapter 13

#9.00 Confirmation of Chapter 13 Plan

FROM: 10-7-20, 1-11-21

Docket 1

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On January 5, 2021, the Court entered a scheduling order [docket #40]

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Thanh V Nguyen and Veronica Prado


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

On March 17, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #47] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on August 26, 2020 [docket #18] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on March 18, 2021 [docket #48] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting September 18, 2020, the monthly plan payment is $3,519. Starting October 18, 2020, the monthly plan payment is $3,940.

    10:00 AM

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    Thanh V Nguyen and Veronica Prado


    Chapter 13

    The due date for each payment is the 18th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $235,979. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $795, counsel is entitled to payment of $4,205 from the estate at a rate no more than $420.50 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the

      10:00 AM

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      Thanh V Nguyen and Veronica Prado

      claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      10:00 AM

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      Thanh V Nguyen and Veronica Prado

    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $17,507.60 at a rate no less than

        $291.79 per month for 60 months.


        Chapter 13


      2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $71,203.73 at a rate no less than

        $1,186.73 per month for 60 months.


      3. The Trustee shall pay the secured claim of the Internal Revenue Service in the amount of $13,006.33 at a rate no less than

        $245.45 per month for 60 months with interest at the rate of 5% per annum.


      4. The Trustee shall pay the secured claim of BMW Financial Services in the amount of $23,493 at a rate no less than

        $432.66 per month for 60 months with interest at the rate of 4% per annum.


      5. The Trustee shall pay the secured claim of Loancare LLC in the amount of $1,188.42 at a rate no less than $19.81 per month for 60 months.


      6. Debtors must pay at least $46,667 to the unsecured creditors per the liquidation analysis.


  1. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in

      10:00 AM

      CONT...


      Thanh V Nguyen and Veronica Prado


      Chapter 13

      the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again

      10:00 AM

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      Thanh V Nguyen and Veronica Prado


      Chapter 13

      and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $3,058.99 per month. (Creditor: Loancare LLC).


      All payments for the junior mortgage against the residence of the Debtors in the approximate amount of $297.69 per month. (Creditor: TCF National Bank).


      All payments for the automobile loan for the 2012 BMW Z4 in the

      10:00 AM

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      Thanh V Nguyen and Veronica Prado


      Chapter 13

      approximate amount of $750.88 per month. (Creditor: BMW Financial Services).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were

      10:00 AM

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      Thanh V Nguyen and Veronica Prado


      Chapter 13

      required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

10:00 AM

CONT...


Debtor(s):


Thanh V Nguyen and Veronica Prado

Party Information


Chapter 13

Thanh V Nguyen Represented By Daniel King

Joint Debtor(s):

Veronica Prado Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-15615


Thanh V Nguyen and Veronica Prado


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Thanh V Nguyen Represented By Daniel King

Joint Debtor(s):

Veronica Prado Represented By

10:00 AM

CONT...


Trustee(s):


Thanh V Nguyen and Veronica Prado

Daniel King


Chapter 13

Rod Danielson (TR) Pro Se

10:00 AM

6:20-15651


Aurea Elisa Bolt


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


FROM: 10-7-20, 1-11-21


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On January 5, 2021, the Court entered a scheduling order [docket #29]

10:00 AM

CONT...


Aurea Elisa Bolt


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

On March 23, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #37] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on September 23, 2020 [docket #20] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on March 23, 2021 [docket #38] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $400 commencing on September 20, 2020. The due date for each payment is the 20th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 36 months. General unsecured claims shall be paid 41% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $14,400. Debtors must pay sufficient funds to pay

    (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    10:00 AM

    CONT...


    Aurea Elisa Bolt


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,500, counsel is entitled to payment of $2,500 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      10:00 AM

      CONT...


      Aurea Elisa Bolt

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


  4. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall

      10:00 AM

      CONT...


      Aurea Elisa Bolt


      Chapter 13

      not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any

      10:00 AM

      CONT...


      Aurea Elisa Bolt


      Chapter 13

      contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


    2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case

      10:00 AM

      CONT...


      Aurea Elisa Bolt


      Chapter 13

      and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


    4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  6. Abandoned Property.

As discussed on the record and as set forth in the Procedures Order, all timeshares ("Abandoned Property") are hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the

10:00 AM

CONT...


Aurea Elisa Bolt


Chapter 13

Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Aurea Elisa Bolt Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-15651


Aurea Elisa Bolt


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Aurea Elisa Bolt Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

CONT...


Aurea Elisa Bolt


Chapter 13

10:00 AM

6:20-16109


Carla Ewelan


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


FROM: 10-28-20, 2-8-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On February 2, 2020, the Court entered a scheduling order [docket #35]

10:00 AM

CONT...


Carla Ewelan


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 10:00 a.m.

On March 17, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #42] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on January 22, 2021 [docket #32] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 4 of the Order, counsel for the Debtors then filed a pleading on March 31, 2021 [docket #43] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting October 4, 2020, the monthly plan payment is $497. Starting November 4, 2020, the monthly plan payment is $2,033. Starting March 4, 2021, the monthly plan payment is $2,256.

    10:00 AM

    CONT...


    Carla Ewelan

    Starting June 4, 2022, the monthly plan payment is $2,480.


    Chapter 13



    The due date for each payment is the 4th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 33% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $141,669. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $75 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the

      10:00 AM

      CONT...


      Carla Ewelan

      claims and (B) the term "Unfiled Secured/Priority Debts" means all secured


      Chapter 13

      and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and

      10:00 AM

      CONT...


      Carla Ewelan


      Chapter 13

      nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of the County of San Bernardino in the amount of $2,934.35 at a rate no less than

        $74.51 per month for 60 months with interest at the rate of 18% per annum.


      2. The Trustee shall pay the secured claim of Ocwen Loan Servicing in the amount of $27,412.08 at a rate no less than

        $456.87 per month for 60 months.


      3. The Trustee shall pay the secured claim of Santander Consumer USA in the amount of $267.60 at a rate no less than $22.79 per month for 12 months with interest at the rate of 4% per annum.


      4. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $6,589.42 at a rate no less than

        $109.82 per month for 60 months.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


  4. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based

      10:00 AM

      CONT...


      Carla Ewelan


      Chapter 13

      on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.

      10:00 AM

      CONT...


      Carla Ewelan

    9. The Debtors have checked the box "none" in section IV of the Plan.


      Chapter 13

      Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2008 Chrysler 300 LX in the approximate amount of $224.08 per month. (Creditor: Santander Consumer USA).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in November of 2020 in the approximate amount of $1,334 per month to the creditor Ocwen Loan Servicing. Until that time, the Debtors shall timely make the post-petition mortgage

      10:00 AM

      CONT...


      Carla Ewelan


      Chapter 13

      payments directly to the creditor.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were

      10:00 AM

      CONT...


      Carla Ewelan


      Chapter 13

      required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

10:00 AM

CONT...


Debtor(s):


Carla Ewelan


Party Information


Chapter 13

Carla Ewelan Represented By

Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-16109


Carla Ewelan


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Carla Ewelan Represented By

Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

CONT...


Carla Ewelan


Chapter 13

11:00 AM

6:20-11644


Juan Felipe Angeles, Jr. and Candida Yessenia Aguilar


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20, 2-8-21


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-9-21; CONT'D TO 10-25-21 AT 11:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Juan Felipe Angeles Jr. Represented By

M. Wayne Tucker

Joint Debtor(s):

Candida Yessenia Aguilar Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11644


Juan Felipe Angeles, Jr. and Candida Yessenia Aguilar


Chapter 13


#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 10-28-20, 2-8-21


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-9-21; CONT'D TO 10-25-21 AT 11:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Juan Felipe Angeles Jr. Represented By

M. Wayne Tucker

Joint Debtor(s):

Candida Yessenia Aguilar Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14171


Garfield Stephen Flowers


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


FROM: 8-5-20, 10-28-20, 2-8-21


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On February 3, 2021, the Court entered a scheduling order [docket #39]

11:00 AM

CONT...


Garfield Stephen Flowers


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 11:00 a.m.

On March 23, 2021, pursuant to paragraph 4 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #45] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on June 16, 2020 [docket #4] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 5 of the Order, counsel for the Debtors then filed a pleading on March 23, 2021 [docket #46] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $4,024 commencing on July 16, 2020. The due date for each payment is the 16th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $241,440. Debtors must pay sufficient funds to pay

    (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    11:00 AM

    CONT...


    Garfield Stephen Flowers


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,002, counsel is entitled to payment of $3,998 from the estate at a rate no more than $399.80 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      11:00 AM

      CONT...


      Garfield Stephen Flowers

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Bank of America in the amount of $57,195.56 at a rate no less than $953.26 per month for 60 months.

        11:00 AM

        CONT...


        Garfield Stephen Flowers

      2. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      3. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


        Chapter 13


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and

          11:00 AM

          CONT...


          Garfield Stephen Flowers


          Chapter 13

          this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.

          11:00 AM

          CONT...


          Garfield Stephen Flowers

        12. The last sentence of section II(A) of the Plan is hereby stricken and


          Chapter 13

          shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2016 Hyundai Sonata in the approximate amount of $389 per month. (Creditor: Hyundai Motor Finance).


          With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in July of 2020 in the approximate amount of $2,300.19 per month to the creditor Bank of America. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other

          11:00 AM

          CONT...


          Garfield Stephen Flowers


          Chapter 13

          financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make

          11:00 AM

          CONT...


          Garfield Stephen Flowers


          Chapter 13

          the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Garfield Stephen Flowers Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14171


Garfield Stephen Flowers


Chapter 13


#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 10-28-20, 2-8-21


Docket 4


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Garfield Stephen Flowers Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

CONT...


Garfield Stephen Flowers


Chapter 13

11:00 AM

6:20-15702


Nyesha D. Williams


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


FROM: 10-21-20, 2-8-21


Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15702

Nyesha D. Williams

Chapter 13

#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15702

Nyesha D. Williams

Chapter 13

#21.00 Hrg re motion for authority to enter into a loan modification FROM: 3-10-21

Docket 38

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Nyesha D. Williams Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:19-12898

Robbie Eugene Smith and Desiree Marie Smith

Chapter 13

#22.00 Confirmation of Chapter 13 Plan

FROM: 12-16-20

Docket 53

*** VACATED *** REASON: CASE DISMISSED 12-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robbie Eugene Smith Represented By Summer M Shaw

Joint Debtor(s):

Desiree Marie Smith Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:19-12898


Robbie Eugene Smith and Desiree Marie Smith


Chapter 13


#23.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robbie Eugene Smith Represented By Summer M Shaw

Joint Debtor(s):

Desiree Marie Smith Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16974


Scott Curtis Pease and Joyce Carol Pease


Chapter 13


#24.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 12, 2020, the Court entered a scheduling order [docket #19]

1:30 PM

CONT...


Scott Curtis Pease and Joyce Carol Pease


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 1:30 p.m.

On March 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #25] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 20, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 17, 2021 [docket #26] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting November 20, 2020, the monthly plan payment is $950. Starting January 20, 2021, the monthly plan payment is $776.

    Starting May 20, 2023, the monthly plan payment is $1,196.

    1:30 PM

    CONT...


    Scott Curtis Pease and Joyce Carol Pease


    Chapter 13


    The due date for each payment is the 20th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $59,508. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,300, counsel is entitled to payment of $3,700 from the estate at a rate no more than $370 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured

      1:30 PM

      CONT...


      Scott Curtis Pease and Joyce Carol Pease


      Chapter 13

      and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      1:30 PM

      CONT...


      Scott Curtis Pease and Joyce Carol Pease


      Chapter 13

      the Trustee to object to any proof of claim.


  4. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      1:30 PM

      CONT...


      Scott Curtis Pease and Joyce Carol Pease


      Chapter 13

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters

    1:30 PM

    CONT...


    Scott Curtis Pease and Joyce Carol Pease


    Chapter 13

    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2014 Buick Enclave in the approximate amount of $422.78 per month. (Creditor: SchoolsFirst Federal Credit Union).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of

      1:30 PM

      CONT...


      Scott Curtis Pease and Joyce Carol Pease


      Chapter 13

      the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline

1:30 PM

CONT...


Scott Curtis Pease and Joyce Carol Pease


Chapter 13

for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Scott Curtis Pease Represented By Paul Y Lee

Joint Debtor(s):

Joyce Carol Pease Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16974


Scott Curtis Pease and Joyce Carol Pease


Chapter 13


#25.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Scott Curtis Pease Represented By Paul Y Lee

Joint Debtor(s):

Joyce Carol Pease Represented By

1:30 PM

CONT...


Trustee(s):


Scott Curtis Pease and Joyce Carol Pease

Paul Y Lee


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17003


Ruben Alan Quintero and Sonia Jo Ann Lovato


Chapter 13


#26.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Alan Quintero Represented By

Raj T Wadhwani

Joint Debtor(s):

Sonia Jo Ann Lovato Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17003


Ruben Alan Quintero and Sonia Jo Ann Lovato


Chapter 13


#27.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-14-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Alan Quintero Represented By

Raj T Wadhwani

Joint Debtor(s):

Sonia Jo Ann Lovato Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17009


Sheila Renee Spence


Chapter 13


#28.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 12, 2020, the Court entered a scheduling order [docket #18]

1:30 PM

CONT...


Sheila Renee Spence


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 1:30 p.m.

On March 29, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #38] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 22, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 31, 2021 [docket #39] agreeing with the Trustee’s terms in the Statement and the worksheet.

The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting November 22, 2020, the monthly plan payment is $423. Starting December 22, 2020, the monthly plan payment is $2,219. Starting May 22, 2021, the monthly plan payment is $2,530.

    1:30 PM

    CONT...


    Sheila Renee Spence

    Starting November 22, 2021, the monthly plan payment is $2,780.


    Chapter 13

    The due date for each payment is the 22nd day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $160,138. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,460, counsel is entitled to payment of $3,540 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured

      1:30 PM

      CONT...


      Sheila Renee Spence


      Chapter 13

      and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      1:30 PM

      CONT...


      Sheila Renee Spence


      Chapter 13

      the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the secured claim of Fay Servicing in the amount of $24,927.91 at a rate no less than $415.47 per month for 60 months.


      2. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      3. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor

          1:30 PM

          CONT...


          Sheila Renee Spence


          Chapter 13

          confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.

          1:30 PM

          CONT...


          Sheila Renee Spence

        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any


          Chapter 13

          similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2015 Hyundai Elantra in the approximate amount of $250.38 per month. (Creditor: Certified Federal Credit Union).


          All payments for the solar panels in the approximate amount of $364.75 per month. (Creditor: Matadors Community Credit Union).


          With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in January of 2021 in the approximate amount of $1,550.38 per month to the creditor Fay Servicing. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms

          1:30 PM

          CONT...


          Sheila Renee Spence


          Chapter 13

          of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and

          1:30 PM

          CONT...


          Sheila Renee Spence


          Chapter 13

          January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Sheila Renee Spence Represented By Nancy Korompis

1:30 PM

CONT...

Trustee(s):


Sheila Renee Spence


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17009


Sheila Renee Spence


Chapter 13


#29.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Sheila Renee Spence Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

CONT...

Sheila Renee Spence

Chapter 13

1:30 PM

6:20-17027

Patrick James Lyons

Chapter 13

#30.00 Confirmation of Chapter 13 Plan

FROM: 12-16-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 12, 2020, the Court entered a scheduling order [docket #18]

1:30 PM

CONT...


Patrick James Lyons


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 1:30 p.m.

On March 29, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 22, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 5, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,933 commencing on November 22, 2020. The due date for each payment is the 22nd day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $115,980. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    1:30 PM

    CONT...


    Patrick James Lyons


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      1:30 PM

      CONT...


      Patrick James Lyons

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.

        1:30 PM

        CONT...


        Patrick James Lyons


        Chapter 13

  4. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).

      1:30 PM

      CONT...


      Patrick James Lyons

    6. The Plan is modified to comply with the requirements of the court’s


      Chapter 13

      approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. All language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case

      1:30 PM

      CONT...


      Patrick James Lyons


      Chapter 13

      (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2013 Dodge Avenger in the approximate amount of $219 per month. (Creditor: Flagship Credit Acceptance).


      All payments for the automobile loan for the 2018 Mercedes-Benz E300 in the approximate amount of $1,090.46 per month. (Creditor: Daimler Trust).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of

      1:30 PM

      CONT...


      Patrick James Lyons


      Chapter 13

      the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The

      1:30 PM

      CONT...


      Patrick James Lyons


      Chapter 13

      deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  6. Abandoned Property.


As discussed on the record and as set forth in the Procedures Order, the 2019 Toyota Highlander ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co- debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Patrick James Lyons Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17027


Patrick James Lyons


Chapter 13


#31.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Patrick James Lyons Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

CONT...


Patrick James Lyons


Chapter 13

1:30 PM

6:20-17078


Fernando Rojas


Chapter 13


#32.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando Rojas Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17078


Fernando Rojas


Chapter 13


#33.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-30-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fernando Rojas Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17159


Ruben E. Moreno, Jr and Stephanie M. Moreno


Chapter 13


#34.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 12, 2020, the Court entered a scheduling order [docket #23]

1:30 PM

CONT...


Ruben E. Moreno, Jr and Stephanie M. Moreno


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 1:30 p.m.

On March 23, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #39] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 29, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 31, 2021 [docket #40] agreeing with the Trustee’s terms in the Statement and the worksheet.

The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 1, 2020, the monthly plan payment is $1,292. Starting January 1, 2021, the monthly plan payment is $3,483.


    The due date for each payment is the 1st day of each month and the Trustee

    1:30 PM

    CONT...


    Ruben E. Moreno, Jr and Stephanie M. Moreno


    Chapter 13

    must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $206,789. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,000, counsel is entitled to payment of $4,000 from the estate at a rate no more than $400 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno

      Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno

    6. Interlineations:


      Chapter 13


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $5,173.46 at a rate no less than $86.22 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $680.95 at a rate no less than $15.13 per month for 45 months.


      3. The Trustee shall pay the secured claim of PennyMac Loan Services in the amount of $2,233.64 at a rate no less than

        $37.23 per month for 60 months.


      4. The Trustee shall pay the secured claim of Les Schwab Tire Centers of Central California in the amount of $1,189.24 at a rate no less than $21.90 per month for 60 months with interest at the rate of 4% per annum.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      6. Debtors must pay at least $27,267 to the unsecured creditors per the liquidation analysis.


  1. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno


      Chapter 13

      on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno

    9. The Debtors have checked the box "none" in section IV of the Plan.


      Chapter 13

      Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the homeowners association for the rental property of the Debtors in the approximate amount of $375 per month. (Creditor: First Service Residential HOA).


      All payments for the automobile loan for the 2017 Hyundai Santa Fe in the approximate amount of $495.79 per month. (Creditor: Alaska USA Federal Credit Union).

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno

      All payments for the automobile loan for the 2014 Ford F150 in the


      Chapter 13

      approximate amount of $632.12 per month. (Creditor: Ford Motor Credit).


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in January of 2021 in the approximate amount of $2,010.35 per month to the creditor PennyMac Loan Services. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno


      Chapter 13

      including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or

      1:30 PM

      CONT...


      Ruben E. Moreno, Jr and Stephanie M. Moreno


      Chapter 13

      any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  3. Abandoned Property.

As discussed on the record and as set forth in the Procedures Order, the 2019 Ford Flex ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.

Party Information

Debtor(s):

Ruben E. Moreno Jr Represented By Christine A Kingston

Joint Debtor(s):

Stephanie M. Moreno Represented By Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17159


Ruben E. Moreno, Jr and Stephanie M. Moreno


Chapter 13


#35.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Ruben E. Moreno Jr Represented By Christine A Kingston

Joint Debtor(s):

Stephanie M. Moreno Represented By

1:30 PM

CONT...


Trustee(s):


Ruben E. Moreno, Jr and Stephanie M. Moreno

Christine A Kingston


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17161


Elaine Pastrano


Chapter 13


#36.00 Confirmation of Chapter 13 Plan


FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 12, 2020, the Court entered a scheduling order [docket #18]

1:30 PM

CONT...


Elaine Pastrano


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 1:30 p.m.

On March 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on October 29, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 24, 2021 [docket #27] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #12] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 1, 2020, the monthly plan payment is $2,570. Starting May 1, 2021, the monthly plan payment is $2,639.

    The due date for each payment is the 1st day of each month and the Trustee

    1:30 PM

    CONT...


    Elaine Pastrano


    Chapter 13

    must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $157,995. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,500, counsel is entitled to payment of $2,500 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

      1:30 PM

      CONT...


      Elaine Pastrano

      Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      1:30 PM

      CONT...


      Elaine Pastrano

    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax


        Chapter 13

        Board in the amount of $2,862.14 at a rate no less than $47.70 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $23,433.33 at a rate no less than

        $390.56 per month for 60 months.


      3. The Trustee shall pay the secured claim of Ally Financial in the amount of $18.75 at a rate no less than $18.75 per month for one month.


      4. The Trustee shall pay the secured claim of Mountain West Financial in the amount of $593.42 at a rate no less than $15.22 per month for 39 months.


  1. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example,

      1:30 PM

      CONT...


      Elaine Pastrano


      Chapter 13

      the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan

      1:30 PM

      CONT...


      Elaine Pastrano


      Chapter 13

      provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,605.74 per month. (Creditor: Mountain West Financial).


      All payments for the automobile loan for the 2015 Jeep Cherokee in the approximate amount of $375 per month. (Creditor: Ally Financial).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.

      1:30 PM

      CONT...


      Elaine Pastrano


      Chapter 13

    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st

      1:30 PM

      CONT...


      Elaine Pastrano


      Chapter 13

      preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


  3. Abandoned Property.

As discussed on the record and as set forth in the Procedures Order, the 2013 Chrysler 200 ("Abandoned Property") is hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary.

The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co-debtor stay arising under section 1301 of the

1:30 PM

CONT...


Elaine Pastrano


Chapter 13

Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Elaine Pastrano Represented By Andy Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17161


Elaine Pastrano


Chapter 13


#37.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Elaine Pastrano Represented By Andy Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

CONT...

Elaine Pastrano

Chapter 13

1:30 PM

6:20-17232

Emmanuel Carrera

Chapter 13

#38.00 Confirmation of Chapter 13 Plan

FROM: 12-16-20

Docket 0

*** VACATED *** REASON: CASE DISMISSED 12-21-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Emmanuel Carrera Represented By Omar Gastelum

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17232


Emmanuel Carrera


Chapter 13


#39.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20

Docket 0

*** VACATED *** REASON: CASE DISMISSED 12-21-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Emmanuel Carrera Represented By Omar Gastelum

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17270


Thomas Anthony Zabala and Pamela Jean Zabala


Chapter 13


#40.00 Confirmation of Chapter 13 Plan


FROM: 12-30-20


Docket 1

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Thomas Anthony Zabala Represented By Dana Travis

Joint Debtor(s):

Pamela Jean Zabala Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17270

Thomas Anthony Zabala and Pamela Jean Zabala

Chapter 13

#41.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20

Docket 2

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Thomas Anthony Zabala Represented By Dana Travis

Joint Debtor(s):

Pamela Jean Zabala Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17270

Thomas Anthony Zabala and Pamela Jean Zabala

Chapter 13

#42.00 Hrg re motion for authority to enter into subordinate partial claims mortgage agreement on real property

[Property: 13553 Fullerton Lane, Victorville, CA 92392]

Docket 0

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:


Debtor(s):

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Party Information

Thomas Anthony Zabala Represented By Dana Travis

Joint Debtor(s):

Pamela Jean Zabala Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17287

Salvador Marron Valadez and Maria Godinez Aceves

Chapter 13

#43.00 Confirmation of Chapter 13 Plan

FROM: 12-30-20

Docket 1

*** VACATED *** REASON: CASE DISMISSED 12-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Salvador Marron Valadez Represented By Clay E Presley

Joint Debtor(s):

Maria Godinez Aceves Represented By Clay E Presley

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17287


Salvador Marron Valadez and Maria Godinez Aceves


Chapter 13


#44.00 Status Hearing

RE: [2] Chapter 13 Plan (LBR F3015-1). FROM: 12-16-20

Docket 2

*** VACATED *** REASON: CASE DISMISSED 12-29-20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Salvador Marron Valadez Represented By Clay E Presley

Joint Debtor(s):

Maria Godinez Aceves Represented By Clay E Presley

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17325


Thomas David Cossalter


Chapter 13


#45.00 Confirmation of Chapter 13 Plan


FROM: 12-30-20


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 19, 2020, the Court entered a scheduling order [docket #17]

2:30 PM

CONT...


Thomas David Cossalter


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 2:30 p.m.

On March 23, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 5, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 26, 2021 [docket #28] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $879 commencing on December 5, 2020. The due date for each payment is the 5th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $52,740. Debtors must pay sufficient funds to pay

    (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:30 PM

    CONT...


    Thomas David Cossalter


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,200, counsel is entitled to payment of $3,800 from the estate at a rate no more than $380 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      2:30 PM

      CONT...


      Thomas David Cossalter

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $2,108.15 at a rate no less than $35.14 per month for 60 months.

        2:30 PM

        CONT...


        Thomas David Cossalter


        Chapter 13

      2. The Trustee shall pay the secured claim of Exeter Finance LLC in the amount of $7,978 at a rate no less than $152.39 per month for 60 months with interest at the rate of 5.5% per annum.


      3. The Trustee shall pay the secured claim of Ashley Home Furniture in the amount of $1,500 at a rate no less than $28.65 per month for 60 months with interest at the rate of 5.5% per annum.


      4. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


  4. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.

      2:30 PM

      CONT...


      Thomas David Cossalter


      Chapter 13

    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      2:30 PM

      CONT...


      Thomas David Cossalter


      Chapter 13

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


    2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


    4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight

2:30 PM

CONT...


Thomas David Cossalter


Chapter 13

days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Thomas David Cossalter Represented By Michael T Reid

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17325


Thomas David Cossalter


Chapter 13


#46.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Thomas David Cossalter Represented By Michael T Reid

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

CONT...

Thomas David Cossalter

Chapter 13

2:30 PM

6:20-17350

Daniel Clay McMillin and Agatha Ann McMillin

Chapter 13

#47.00 Confirmation of Chapter 13 Plan

FROM: 12-30-20

Docket 1

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 19, 2020, the Court entered a scheduling order [docket #17]

2:30 PM

CONT...


Daniel Clay McMillin and Agatha Ann McMillin


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 2:30 p.m.

On March 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #26] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 6, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 19, 2021 [docket #27] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 6, 2020, the monthly plan payment is $2,575. Starting January 6, 2021, the monthly plan payment is $2,701.

    The due date for each payment is the 6th day of each month and the Trustee

    2:30 PM

    CONT...


    Daniel Clay McMillin and Agatha Ann McMillin


    Chapter 13

    must receive the payment by that day each month. The duration of the Plan is 36 months. General unsecured claims shall be paid 33% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $97,110. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $190, counsel is entitled to payment of $4,810 from the estate at a rate no more than $481 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

      2:30 PM

      CONT...


      Daniel Clay McMillin and Agatha Ann McMillin

      Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      2:30 PM

      CONT...


      Daniel Clay McMillin and Agatha Ann McMillin

    6. Interlineations:


      Chapter 13


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $15,083.39 at a rate no less than

        $418.98 per month for 36 months.


      2. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $576.91 at a rate no less than $16.03 per month for 36 months.


      3. The Trustee shall pay the secured claim of Altura Credit Union in the amount of $6,941.09 at a rate no less than $204.93 per month for 36 months with interest at the rate of 4% per annum.


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.

          2:30 PM

          CONT...


          Daniel Clay McMillin and Agatha Ann McMillin


          Chapter 13

        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          2:30 PM

          CONT...


          Daniel Clay McMillin and Agatha Ann McMillin


          Chapter 13

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


        2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


        4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight

          2:30 PM

          CONT...


          Daniel Clay McMillin and Agatha Ann McMillin


          Chapter 13

          days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


      6. Abandoned Property.

As discussed on the record and as set forth in the Procedures Order, all timeshares and the 2014 Harley-Davidson (collectively, "Abandoned Property") are hereby deemed abandoned and the automatic stay is lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property forthwith. The automatic stay is hereby lifted as to the Abandoned Property and, therefore, no motion for relief from stay is necessary. The Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In

addition, the Court hereby lifts any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property including, but not limited to, any co- debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case no longer stays any creditor holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.


Party Information

Debtor(s):

Daniel Clay McMillin Represented By

Rabin J Pournazarian

Joint Debtor(s):

Agatha Ann McMillin Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17350


Daniel Clay McMillin and Agatha Ann McMillin


Chapter 13


#48.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Daniel Clay McMillin Represented By

Rabin J Pournazarian

Joint Debtor(s):

Agatha Ann McMillin Represented By

2:30 PM

CONT...


Trustee(s):


Daniel Clay McMillin and Agatha Ann McMillin

Rabin J Pournazarian


Chapter 13

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17369


Becky Lyn Hall


Chapter 13


#49.00 Confirmation of Chapter 13 Plan


FROM: 12-30-20


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 19, 2020, the Court entered a scheduling order [docket #18]

2:30 PM

CONT...


Becky Lyn Hall


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 2:30 p.m.

On March 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #36] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on December 18, 2020 [docket #29] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 17, 2021 [docket #37] agreeing with the Trustee’s terms in the Statement and the worksheet.

The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 9, 2020, the monthly plan payment is $1,007. Starting January 9, 2021, the monthly plan payment is $4,317.

    Starting April 9, 2021, the monthly plan payment is $4,423.

    The due date for each payment is the 9th day of each month and the Trustee

    2:30 PM

    CONT...


    Becky Lyn Hall


    Chapter 13

    must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $261,646. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,520, counsel is entitled to payment of $3,480 from the estate at a rate no more than $348 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

      2:30 PM

      CONT...


      Becky Lyn Hall

      Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      2:30 PM

      CONT...


      Becky Lyn Hall

    6. Interlineations:


      Chapter 13


      1. The Trustee shall pay the secured claim of New Res-Shellpoint Mortgage in the amount of $32,755.26 at a rate no less than

        $545.92 per month for 60 months.


      2. The Trustee shall pay the secured claim of Select Portfolio Servicing in the amount of $13,887.95 at a rate no less than

        $231.47 per month for 60 months.


      3. The Trustee shall pay the secured claim of Riverwalk Masters in the amount of $5,000 at a rate no less than $83.33 per month for 60 months.


      4. The Trustee shall pay the secured claim of Riverwalk Area 10 HOA in the amount of $1,441.80 at a rate no less than $24.03 per month for 60 months.


      5. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


  1. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.

      2:30 PM

      CONT...


      Becky Lyn Hall

    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are


      Chapter 13

      hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from

      2:30 PM

      CONT...


      Becky Lyn Hall


      Chapter 13

      this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in January of 2021 in the approximate amount of $1,781.30 per month to the creditor New Res-Shellpoint Mortgage. Likewise, the Trustee shall commence making the monthly payments for the junior mortgage for the same property in January of 2021 in the approximate amount of $1,089.20 per month to the creditor Select Portfolio Servicing. The Trustee shall also commence paying the monthly homeowners association dues for the same property in January of 2021 in the approximate amount of $100 per month to the creditor Riverwalk Area 10 HOA. The Trustee shall also commence paying the monthly homeowners association dues for the same property in January of 2021 in the approximate amount of $53 per month to the creditor Riverwalk Masters. Until that time, the Debtors shall timely make the post-petition payments directly to all these

      2:30 PM

      CONT...


      Becky Lyn Hall


      Chapter 13

      creditors. Other than those few payments by the Debtors prior to January of 2021, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the limited period of time during which they are responsible for making Direct Payments.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant

      2:30 PM

      CONT...


      Becky Lyn Hall


      Chapter 13

      to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the

2:30 PM

CONT...


Becky Lyn Hall


Chapter 13

Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Becky Lyn Hall Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17369


Becky Lyn Hall


Chapter 13


#50.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Becky Lyn Hall Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

CONT...

Becky Lyn Hall

Chapter 13

2:30 PM

6:20-17438

Angel Luis Pena, Jr. and Carmen Milagros Pena

Chapter 13

#51.00 Confirmation of Chapter 13 Plan

FROM: 12-30-20

Docket 1

Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On November 19, 2020, the Court entered a scheduling order [docket #22]

2:30 PM

CONT...


Angel Luis Pena, Jr. and Carmen Milagros Pena


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 2:30 p.m.

On March 17 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #32] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 16, 2020 [docket #16] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 26, 2021 [docket #33] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,500 commencing on December 13, 2020. The due date for each payment is the 13th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $90,000. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    2:30 PM

    CONT...


    Angel Luis Pena, Jr. and Carmen Milagros Pena


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $6,000; having previously received $2,500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $350 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making

      2:30 PM

      CONT...


      Angel Luis Pena, Jr. and Carmen Milagros Pena

      payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $20,789.96 at a rate no less than

        $346.50 per month for 60 months.

        2:30 PM

        CONT...


        Angel Luis Pena, Jr. and Carmen Milagros Pena

      2. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $19,091.53 at a rate no less than

        $318.19 per month for 60 months.


        Chapter 13


      3. Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and

          2:30 PM

          CONT...


          Angel Luis Pena, Jr. and Carmen Milagros Pena


          Chapter 13

          timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other

          2:30 PM

          CONT...


          Angel Luis Pena, Jr. and Carmen Milagros Pena


          Chapter 13

          attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2013 Lexus GS 350 in the approximate amount of $377.37 per month. (Creditor: Ally Bank).


          All payments for the automobile loan for the 2012 Lexus RX 350 in the approximate amount of $340.50 per month. (Creditor: Capital One Auto Finance).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or

          2:30 PM

          CONT...


          Angel Luis Pena, Jr. and Carmen Milagros Pena


          Chapter 13

          otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration.

          2:30 PM

          CONT...


          Angel Luis Pena, Jr. and Carmen Milagros Pena


          Chapter 13

          The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Angel Luis Pena Jr. Represented By Dana Travis

Joint Debtor(s):

Carmen Milagros Pena Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17438


Angel Luis Pena, Jr. and Carmen Milagros Pena


Chapter 13


#52.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Angel Luis Pena Jr. Represented By Dana Travis

Joint Debtor(s):

Carmen Milagros Pena Represented By

2:30 PM

CONT...


Trustee(s):


Angel Luis Pena, Jr. and Carmen Milagros Pena

Dana Travis


Chapter 13

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17481


Amy Lynn Goldenberg


Chapter 13


#53.00 Confirmation of Chapter 13 Plan


FROM: 1-13-21


Docket 0


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On December 4, 2020, the Court entered a scheduling order [docket #18]

3:30 PM

CONT...


Amy Lynn Goldenberg


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 3:30 p.m.

On March 31, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #34] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on December 28, 2020 [docket #23] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 1, 2021 [docket #35] agreeing with the Trustee’s terms in the Statement and the worksheet.

The Debtors have not objected to the Court’s procedures order [docket #10] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 14, 2020, the monthly plan payment is $324. Starting September 14, 2024, the monthly plan payment is $724.


    The due date for each payment is the 14th day of each month and the Trustee

    3:30 PM

    CONT...


    Amy Lynn Goldenberg


    Chapter 13

    must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 48% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $25,440. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,200, counsel is entitled to payment of $3,800 from the estate at a rate no more than $265 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority

      3:30 PM

      CONT...


      Amy Lynn Goldenberg

      Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.

      3:30 PM

      CONT...


      Amy Lynn Goldenberg

    6. Interlineations:


      Chapter 13


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $1,615.15 at a rate no less than $26.92 per month for 60 months.


  1. Additional provisions:

    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and

      3:30 PM

      CONT...


      Amy Lynn Goldenberg


      Chapter 13

      timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

      3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and

      3:30 PM

      CONT...


      Amy Lynn Goldenberg


      Chapter 13

      shall not apply in this case.


  2. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2015 Honda Civic in the approximate amount of $332 per month. (Creditor: Bridgecrest (Carvana LLC)).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).

      3:30 PM

      CONT...


      Amy Lynn Goldenberg

    4. The Debtors shall timely (1) pay to the Trustee all payments by each


      Chapter 13

      monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss

3:30 PM

CONT...


Amy Lynn Goldenberg


Chapter 13

this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Amy Lynn Goldenberg Represented By Sara E Razavi

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17481


Amy Lynn Goldenberg


Chapter 13


#54.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Amy Lynn Goldenberg Represented By Sara E Razavi

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

CONT...

Amy Lynn Goldenberg

Chapter 13

3:30 PM

6:20-17514

Sonya Yvonne Wright

Chapter 13

#55.00 Confirmation of Chapter 13 Plan

FROM: 1-13-21

Docket 2

*** VACATED *** REASON: CASE DISMISSED 4-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonya Yvonne Wright Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17514


Sonya Yvonne Wright


Chapter 13


#56.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20


Docket 11

*** VACATED *** REASON: CASE DISMISSED 4-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonya Yvonne Wright Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17667


Ronald Jesse Jimenez, Sr. and Melanie Gaye Jimenez


Chapter 13


#57.00 Confirmation of Chapter 13 Plan


FROM: 1-13-21


Docket 6

*** VACATED *** REASON: CASE DISMISSED 1-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Jesse Jimenez Sr. Represented By Melissa A Raskey

Joint Debtor(s):

Melanie Gaye Jimenez Represented By Melissa A Raskey

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17667


Ronald Jesse Jimenez, Sr. and Melanie Gaye Jimenez


Chapter 13


#58.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20

Docket 6

*** VACATED *** REASON: CASE DISMISSED 1-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Jesse Jimenez Sr. Represented By Melissa A Raskey

Joint Debtor(s):

Melanie Gaye Jimenez Represented By Melissa A Raskey

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17677


Yadira Sandra Santa Maria


Chapter 13


#59.00 Confirmation of Chapter 13 Plan


FROM: 1-13-21


Docket 5


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case.

Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:

On December 4, 2020, the Court entered a scheduling order [docket #21]

3:30 PM

CONT...


Yadira Sandra Santa Maria


Chapter 13

("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for April 12, 2021 at 3:30 p.m.

On March 17, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #31] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on December 24, 2020 [docket #27] ("Plan") on the terms set forth in the Statement and the attached worksheet.

Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on March 18, 2021 [docket #32] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.

The Debtors have not objected to the Court’s procedures order [docket #14] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.

On April 12, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on April 12, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:

  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $725 commencing on December 27, 2020. The due date for each payment is the 27th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $43,500. Debtors must pay sufficient funds to pay

    (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.

    3:30 PM

    CONT...


    Yadira Sandra Santa Maria


    Chapter 13


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $3,000, counsel for the debtors shall refund $500 to the Trustee within seven days of confirmation of the Plan and $500 shall be added to the base. Counsel is entitled to payment of the remaining $2,500 from the estate at a rate no more than

      $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the

      3:30 PM

      CONT...


      Yadira Sandra Santa Maria

      preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed


      Chapter 13

      Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue

        3:30 PM

        CONT...


        Yadira Sandra Santa Maria


        Chapter 13

        Service in the amount of $5,385.84 at a rate no less than $89.76 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $2,499.57 at a rate no less than $41.66 per month for 60 months.


      3. The Trustee shall pay the secured claim of Santander Consumer USA in the amount of $1,917.56 at a rate no less than $35.31 per month for 60 months with interest at the rate of 4% per annum.


      4. Additional provisions:

        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged

          3:30 PM

          CONT...


          Yadira Sandra Santa Maria


          Chapter 13

          by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F

          3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1,

          3:30 PM

          CONT...

          2012.


          Yadira Sandra Santa Maria


        11. If Attachment A, B, C or D is attached to the Plan (or any other


          Chapter 13

          attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2009 Dodge Challenger in the approximate amount of $610 per month. (Creditor: Capital One Auto Finance).


          All payments for the automobile loan for the 2011 Dodge Charger in the approximate amount of $388 per month. (Creditor: Santander Consumer USA).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the

          3:30 PM

          CONT...


          Yadira Sandra Santa Maria


          Chapter 13

          Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration

          3:30 PM

          CONT...


          Yadira Sandra Santa Maria


          Chapter 13

          which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.


Party Information

Debtor(s):

Yadira Sandra Santa Maria Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:20-17677


Yadira Sandra Santa Maria


Chapter 13


#60.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20


Docket 5


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). Parties should attend the hearing by using the following information:

Meeting URL: https://cacb.zoomgov.com/j/1606353249 Meeting ID: 160 635 3249

Password: 900728

Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

Debtor(s):

Yadira Sandra Santa Maria Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

CONT...

Yadira Sandra Santa Maria

Chapter 13

10:15 AM

6:20-13934

Sheldon David Singleton and Sheleshia Lavada Singleton

Chapter 7


#1.00 Motion for relief from stay


BMW BANK OF NORTH AMERICA VS DEBTORS


Property: 2014 BMW 6 Series 6401 Gran Coupe 4D [Persaonal Prop] Marjorie M. Johnson, attorney/movant


FROM: 3-11-21


Docket 82

*** VACATED *** REASON: ORDER REGARDING MOTION ENTERED 3-24-21

Tentative Ruling:

Party Information

Debtor(s):

Sheldon David Singleton Represented By Kevin Tang

Joint Debtor(s):

Sheleshia Lavada Singleton Represented By Kevin Tang

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

Trustee(s):

Arturo Cisneros (TR) Represented By Nathan F Smith

11:00 AM

6:19-16968

Leon Richard Mays

Chapter 7

Adv#: 6:19-01150 Meng et al v. Mays et al

#2.00 Hrg re motion for stay or abstention of adversary proceeding FROM: 2-11-21, 3-11-21

Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leon Richard Mays Represented By

W. Derek May

Defendant(s):

Leon Richard Mays Represented By Baruch C Cohen

Darryl W Daniels Represented By Baruch C Cohen

Joint Debtor(s):

Darryl W Daniels Represented By

W. Derek May

Plaintiff(s):

Richard Meng Represented By Christopher J Langley Michael Smith

Heidi M Cheng

Vivian Meng Represented By

11:00 AM

CONT...


Trustee(s):


Leon Richard Mays


Christopher J Langley Michael Smith

Heidi M Cheng


Chapter 7

Karl T Anderson (TR) Represented By Tinho Mang

Richard A Marshack

11:00 AM

6:20-14884


Oscar Pillado


Chapter 7

Adv#: 6:20-01161 Bui v. Pillado


#3.00 Status conference re: Complaint for (1) Avoidance of intentional fraudulent transfers and recovery of same; (2) Avoidance of constructive fraudulent transfer and recovery of same; (3) Disallowance of claim; (4) Unjust enrichment; and (5) Turnover of property of the estate


FROM: S/C 12-3-20, 3-11-21


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Oscar Pillado Represented By

Eva M Hollands

Defendant(s):

Beatriz Pillado Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:30 PM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#4.00 Hrg re motion for default judgment FROM: 1-28-21, 3-25-21


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

1:30 PM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#5.00 Status conference re: Complaint to avoid junior lien of Onewest Bank FSB [Property: 14940 Spring Street, Fontana, CA 92335]

FROM: S/C 2-11-21, 3-25-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

2:00 PM

6:17-14073


James Anthony Rojas


Chapter 7

Adv#: 6:20-01160 Tran v. Rojas


#6.00 Status conference re: Complaint for determination of nondischargeability of debt FROM: S/C 12-3-20, 2-11-21, 3-11-21

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Anthony Rojas Represented By Rhonda Walker

Defendant(s):

James Anthony Rojas Pro Se

Plaintiff(s):

San Tran Represented By

Joshua R Engle

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:20-14758


Ridge Park Point, LLC


Chapter 7

Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants


#7.00 Status conference re: Complaint (1) Breach of contract; (2) Turnover FROM: 2-11-21, 3-11-21

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ridge Park Point, LLC Represented By Joshua J Herndon

Defendant(s):

National Merchants Association, Pro Se

Plaintiff(s):

A. Cisneros, solely in his capacity Represented By

Nathan F Smith

Trustee(s):

Arturo Cisneros (TR) Represented By Kelli M Brown

William Malcolm Nathan F Smith

2:30 PM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al


#8.00 Status conference re: Complaint for (1) Declaratory relief; (2) Avoidance of preferential transfer; (3) Avoidance of lien and equitable subordination; (4) Avoidance and preservation of claims


FROM: S/C 2-11-21, 3-11-21


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

KINGS CASH GROUP, LLC Pro Se

KALAMATA CAPITAL GROUP Pro Se

Albert Gahfi Pro Se

DOES 1-2 Pro Se

Plaintiff(s):

Lynda Bui Represented By

Ryan D O'Dea Elmer D Martin III Leonard M Shulman

East West Bank Represented By Elmer D Martin III

2:30 PM

CONT...


Trustee(s):


Vario Corp.


Curtis C. Jung Clifford P Jung


Chapter 7

Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01194 Daff v. American Express National Bank et al


#9.00 Hrg re motion to dismiss compliant for failure to state a claim upon which relief can be granted


FROM: 3-11-21, 4-5-21


Docket 14

*** VACATED *** REASON: ORDER DENIED ENTERED 4-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

American Express National Bank Pro Se

Michael Rodriguez Represented By Michael G Spector

Paula Roberts Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01195 Daff v. Barclays US et al


#10.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


FROM: 3-11-21, 4-5-21


Docket 14

*** VACATED *** REASON: ORDER DENIED ENTERED 4-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Barclays US Represented By

John C Gray

Barclays Bank Delaware Represented By John C Gray

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al


#11.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


FROM: 3-11-21, 4-5-21


Docket 11

*** VACATED *** REASON: ORDER DENIED ENTERED 4-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Chase Bank U.S.A., N.A. Pro Se

Mark Kinnison Represented By Michael G Spector

Paula Roberts Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01197 Daff v. Citibank, N.A. et al


#12.00 Hrg motion to dismiss complaint for failure to state claim upon which relief can be granted


FROM: 3-11-21, 4-5-21


Docket 14

*** VACATED *** REASON: ORDER DENIED ENTERED 4-12-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Citibank, N.A. Pro Se

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al


#13.00 Hrg re motion to dismiss complaint for: (1) Lack of standing; and (2) Failure to state a claim upon which relief can be granted


FROM: 3-11-21, 4-5-21


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21; CONT'D TO 5-6-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Adelanto Millworks, LLC Represented By Michael G Spector

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe

1:00 PM

6:17-10291


Paul Bojic


Chapter 7


#1.00 Hrg re motion for order order disallowing claim of John H. Georges claim number 7-1


Docket 81

Tentative Ruling:

Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). Claim #7-1 in the amount of $221,500 filed by John H. Georges is hereby disallowed.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Paul Bojic Represented By

1:00 PM

CONT...


Trustee(s):


Paul Bojic


Jenny L Doling Summer M Shaw


Chapter 7

Howard B Grobstein (TR) Represented By David B Golubchik David B Golubchik

Anthony A Friedman

1:00 PM

6:17-10291


Paul Bojic


Chapter 7


#2.00 Hrg re motion for an order disallowing claim of Vern Weldy claim number 8-1


Docket 82

Tentative Ruling:

Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). Claim #8-1 in the amount of $317,560 filed by Vern Weldy is hereby disallowed.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Paul Bojic Represented By

Jenny L Doling

1:00 PM

CONT...


Trustee(s):


Paul Bojic


Summer M Shaw


Chapter 7

Howard B Grobstein (TR) Represented By David B Golubchik David B Golubchik

Anthony A Friedman

1:00 PM

6:19-18400


Carmen Elizabeth Loera


Chapter 7


#3.00 Hrg re trustee's final report and applications for compensation


Docket 21

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for the fine work in this case. The trustee recovered the proceeds of a preferential transfer to an insider and a portion of a tax refund. The trustee did so efficiently (i.e. without hiring counsel) and in a manner that minimized administrative expenses and maximized the recovery to creditors. Well done.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,263.08 and expenses of $63.90.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Carmen Elizabeth Loera Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

1:00 PM

6:20-10611


Leonard Serafin


Chapter 7


#4.00 Hrg re trustee's final report and applications for compensation


Docket 29

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for administering a case with a small amount of non-exempt assets. Although the total recovery is relatively small, it is sufficient to pay approximately 20% recovery to general unsecured creditors. That is more than most creditors receive in most chapter 7 cases. Well done!


Pursuant to the trustee's final report, the following administrative claim will be allowed:


  1. Trustee: fees of $979.75 and expenses of $62.95.


    The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

    Party Information

    Debtor(s):

    Leonard Serafin Represented By

    Inez Tinoco-Vaca

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    1:30 PM

    6:20-11234


    Dani Transport Service, Inc.


    Chapter 11


    #5.00 Hrg re chapter 11 status conference


    FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21


    Docket 1

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 5-4-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Dani Transport Service, Inc. Represented By Todd L Turoci

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:20-11234


    Dani Transport Service, Inc.


    Chapter 11


    #6.00 Hrg re application for payment of interim fees and or expenses FROM: 8-4-20, 10-6-20, 1-12-21


    Docket 166

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 6-15-21 AT 2:30 P.M.

    Tentative Ruling:

    Party Information

    Debtor(s):

    Dani Transport Service, Inc. Represented By Todd L Turoci

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:20-11234

    Dani Transport Service, Inc.

    Chapter 11

    #7.00 Hrg re motion requesting the court fix dates in a subchapter V case in which there is no disclosure statement

    FROM: 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21


    Docket 82

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 6-15-21 AT 2:30 P.M.

    Tentative Ruling:

    Party Information

    Debtor(s):

    Dani Transport Service, Inc. Represented By Todd L Turoci

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:20-11234

    Dani Transport Service, Inc.

    Chapter 11

    #8.00 Hrg re motion to approve debtor's disclosure statement FROM: 8-4-20, 10-6-20, 1-12-21

    Docket 144

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-23- 21; CONT'D TO 6-15-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Dani Transport Service, Inc. Represented By Todd L Turoci

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    1:30 PM

    6:21-11184


    Pascual Liera, Jr.


    Chapter 13


    #1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Pascual Liera Jr. Represented By Daniel King

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11189


    Daniel Allen West and Yokarine West


    Chapter 13


    #2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Daniel Allen West Represented By

    Rabin J Pournazarian

    Joint Debtor(s):

    Yokarine West Represented By

    Rabin J Pournazarian

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11210


    Kevin Hargrove


    Chapter 13


    #3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 1

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Kevin Hargrove Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11225


    Christopher John Uttecht


    Chapter 13


    #4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Christopher John Uttecht Represented By Daniel King

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11229


    Lillian Baker


    Chapter 13


    #5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 1

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Lillian Baker Represented By

    James D. Hornbuckle

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11332


    Minh The Doan


    Chapter 13


    #6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Minh The Doan Represented By Lyly Nguyen

    Trustee(s):

    Rod Danielson (TR) Pro Se

    1:30 PM

    6:21-11381


    Keith Alan Fairbrother


    Chapter 13


    #7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


    Docket 1

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Keith Fairbrother Represented By

    Dennis A Rasmussen

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:17-12987


    David Joseph Hazell and Suzanne Larue Hazell


    Chapter 13


    #8.00 Hrg re trustee's motion to dismiss case regarding delinquency


    Docket 189

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-5-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    David Joseph Hazell Represented By Dana Travis

    Joint Debtor(s):

    Suzanne Larue Hazell Represented By Dana Travis

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-11560


    Salvador Cervantes Salazar and Elizabeth Salazar


    Chapter 13


    #8.01 Hrg re trustee's motion to dismiss case regarding delinquency


    Docket 97

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-15- 21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Salvador Cervantes Salazar Represented By Seema N Sood

    Joint Debtor(s):

    Elizabeth Salazar Represented By Seema N Sood

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:13-23922


    Todd R Arnold and Diane M Arnold


    Chapter 13


    #9.00 Hrg re motion to reopen chapter 13 case


    Docket 68


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Todd R Arnold Represented By Susan Jill Wolf

    Joint Debtor(s):

    Diane M Arnold Represented By Susan Jill Wolf

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:20-16448


    Robert Frank Gonzales


    Chapter 13


    #10.00 Hrg re objection to claim of LVNV Funding, LLC claim number four and motion for order disallowing


    Docket 35

    Tentative Ruling:

    Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


    For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). General unsecured claim #4-1 in the amount of $10,371.62 filed by LVNV Funding, LLC is hereby disallowed.


    Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

    9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


    Party Information

    2:00 PM

    CONT...

    Debtor(s):


    Robert Frank Gonzales


    Chapter 13

    Robert Frank Gonzales Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:20-16448


    Robert Frank Gonzales


    Chapter 13


    #11.00 Hrg re objection to claim of CACH, LLC, claim number 5 and motion for order disallowing claim


    Docket 36

    Tentative Ruling:

    Final Ruling. The objection to claim has been set for hearing on the notice required by Federal Rule of Bankruptcy Procedure 3007 and Local Bankruptcy Rules ("LBR") 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See LBR 9013-1(j)(3). No appearance is necessary.


    For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. § 502(b). General unsecured claim #5-1 in the amount of $30,475.46 filed by CACH, LLC is hereby disallowed.


    Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

    9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


    Party Information

    2:00 PM

    CONT...

    Debtor(s):


    Robert Frank Gonzales


    Chapter 13

    Robert Frank Gonzales Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10855


    Simon Sanchez


    Chapter 13


    #12.00 Confirmation of Chapter 13 Plan


    Docket 1

    *** VACATED *** REASON: CASE DISMISSED 3-11-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Simon Sanchez Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-10875


    Kashif Khan and Monica Cruz


    Chapter 13


    #13.00 Confirmation of Chapter 13 Plan


    Docket 3

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Kashif Khan Represented By

    Sundee M Teeple

    Joint Debtor(s):

    Monica Cruz Represented By

    Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11015


    Michelle F. Allan


    Chapter 13


    #14.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Michelle F. Allan Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11027


    Brian E Scott


    Chapter 13


    #15.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Brian E Scott Represented By

    Summer M Shaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11030


    Perry C Robertson


    Chapter 13


    #16.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Perry C Robertson Represented By Summer M Shaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11047


    Salvador Marron Valadez and Maria Godinez Aceves


    Chapter 13


    #17.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Salvador Marron Valadez Represented By Clay E Presley

    Joint Debtor(s):

    Maria Godinez Aceves Represented By Clay E Presley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11050


    Rovinski Renter


    Chapter 13


    #18.00 Confirmation of Chapter 13 Plan


    Docket 1

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Rovinski Renter Represented By Michael Smith

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11058


    George Pirsko and Rachel Pirsko


    Chapter 13


    #19.00 Confirmation of Chapter 13 Plan


    Docket 6

    *** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    George Pirsko Represented By Sundee M Teeple

    Joint Debtor(s):

    Rachel Pirsko Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11065


    Joseph Robert Carter and Natilee Susanne Carter


    Chapter 13


    #20.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENT ERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Joseph Robert Carter Represented By Paul Y Lee

    Joint Debtor(s):

    Natilee Susanne Carter Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:21-11067


    Cirilo Sahagun Blanche, Jr. and Jocelyn Rebong Blanche


    Chapter 13


    #21.00 Confirmation of Chapter 13 Plan


    Docket 2

    *** VACATED *** REASON: SCHEDULING ORDER ENT ERED 3-25- 21; CONT'D TO 8-23-21 AT 1:30 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Cirilo Sahagun Blanche Jr. Represented By Michael E Clark

    Joint Debtor(s):

    Jocelyn Rebong Blanche Represented By Michael E Clark

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:15 PM

    6:17-11893


    Jesus Garcia Rodriguez and Rosalba Garcia Carranza


    Chapter 13


    #22.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 1-10-18 to 1-10-18


    FROM: 2-10-21


    Docket 59

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-13-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jesus Garcia Rodriguez Represented By Jenny L Doling

    Joint Debtor(s):

    Rosalba Garcia Carranza Represented By Jenny L Doling

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:15 PM

    6:17-11893


    Jesus Garcia Rodriguez and Rosalba Garcia Carranza


    Chapter 13


    #23.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 3-19-19 to 3-19-19


    FROM: 2-10-21


    Docket 60

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-13-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jesus Garcia Rodriguez Represented By Jenny L Doling

    Joint Debtor(s):

    Rosalba Garcia Carranza Represented By Jenny L Doling

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:15 PM

    6:17-11893


    Jesus Garcia Rodriguez and Rosalba Garcia Carranza


    Chapter 13


    #24.00 Hrg re application of attorney for debtor for additional fees and related expenses in a pending chapter 13 case subject to a rights and responsibilities agreement (RARA) for the period of 2-19-20 to 2-19-20


    FROM: 2-10-21


    Docket 61

    *** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-13-21

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jesus Garcia Rodriguez Represented By Jenny L Doling

    Joint Debtor(s):

    Rosalba Garcia Carranza Represented By Jenny L Doling

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:15 PM

    6:20-16712


    Urania Ursa Banks


    Chapter 13


    #25.00 Hrg re motion to disallow claims FROM: 3-10-21


    Docket 27

    Tentative Ruling:

    In preparing for the hearing, the moving party should re-consider the statements in paragraph 3 of the declaration of Paul Lee in support of the motion by reviewing the addresses for the debtor listed on the following documents:

    1. Proof of Claim 8-1, page 17 of 36, filed by PennyMac Loan Services,

      LLC;


    2. Proof of Claim 4-1 Part 2, page 15 of 15, filed by Northrop Gumman Federal Credit Union; and


    3. Notice of Motion and Motion for Relief from the Automatic Stay, page 19 of 20, filed by Northrop Grumman Federal Credit Union (Docket No. 33).

Party Information

Debtor(s):

Urania Ursa Banks Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:21-10094


Patricia Ann Doublet


Chapter 13


#26.00 Hrg re debtor's motion to avoid lien with CACV of Colorado, LLC [Property: 4890 Huntsmen Place, Fontana, San Bernardino, CA 92336]


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ann Doublet Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:21-10143


Vito Joseph Palmisano


Chapter 13


#27.00 Hrg re motion for order determining value of collateral with Americredit/GM Financial


FROM: 3-10-21


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vito Joseph Palmisano Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:18-15085


Cicely Ann Biggers


Chapter 13


#28.00 Motion for relief from stay


TOYOTA MOTOR CREDIT VS DEBTOR


Property: 2016 Toyota Highlander

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 112

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-15- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cicely Ann Biggers Represented By Dana Travis

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:19-16221


Joel R. Lozano and Yolanda Nava Lozano


Chapter 13


#29.00 Motion for relief from stay


TOYOTA LEASE TRUST VS DEBTORS


Property: 2018 Toyota RAV4

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 29

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-15- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joel R. Lozano Represented By Todd L Turoci

Joint Debtor(s):

Yolanda Nava Lozano Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-14915


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13


#30.00 Motion for relief from stay


FIFTH THIRD BANK VS DEBTORS


Property: 2017 GMC Sierra 2500

[Personal Prop] Kirsten Martinez, attorney/movant


Docket 56

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-15- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Valdovinos Represented By Sundee M Teeple

Joint Debtor(s):

Geovanna A. Valdovinos Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-11460


Dolores Marina Mendez


Chapter 13


#31.00 Hrg re motion in individual case for order imposing a stay or continuing the automatic stay


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dolores Marina Mendez Represented By Trang P Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:15-14791


Chad Christian Calonder


Chapter 13


#32.00 Hrg re status conference regarding application of discharge


CASE DISCHARGE 4-15-21


Docket 87

Tentative Ruling:

Final Ruling. The Court has reviewed the new application for entry of discharge filed in this case. Based on that review, the Court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtor has any concerns, questions or objections regarding these matters or anything else regarding this case that the debtor wishes to address, the debtor or counsel for the debtor is welcome to appear at the status conference. Likewise, if the debtor or counsel for the debtor wishes to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Chad Christian Calonder Represented By Javier H Castillo

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:15-18298

Jason Neil Anderson and Elizabeth Estel Anderson

Chapter 13

#33.00 Hrg re status conference regarding application of discharge

Docket 66


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Neil Anderson Represented By Arturo A Burga Randy Alexander

Joint Debtor(s):

Elizabeth Estel Anderson Represented By Arturo A Burga Randy Alexander

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:16-14301


Sherri Jean Wynn Tanner


Chapter 13


#34.00 Hrg re status conference regarding application of discharge


CASE DISCHARGE: 3-22-21


Docket 1

Tentative Ruling:

Final Ruling. The Court has reviewed the new application for entry of discharge filed in this case. Based on that review, the Court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtor has any concerns, questions or objections regarding these matters or anything else regarding this case that the debtor wishes to address, the debtor or counsel for the debtor is welcome to appear at the status conference. Likewise, if the debtor or counsel for the debtor wishes to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Sherri Jean Wynn Tanner Represented By Ronald W Ask

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:17-12808

Don D Pineda and Trinidad B Pineda

Chapter 13

#35.00 Hrg re status conference regarding application of discharge

Docket 53


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Don D Pineda Represented By

Gary J Holt

Joint Debtor(s):

Trinidad B Pineda Represented By Gary J Holt

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:17-18205


Jose Co Ong


Chapter 13


#36.00 Hrg re status conference regarding application of discharge


CASE DISCHARGE 4-15-21


Docket 1

Tentative Ruling:

Final Ruling. The Court has reviewed the new application for entry of discharge filed in this case. Based on that review, the Court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtor has any concerns, questions or objections regarding these matters or anything else regarding this case that the debtor wishes to address, the debtor or counsel for the debtor is welcome to appear at the status conference. Likewise, if the debtor or counsel for the debtor wishes to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Jose Co Ong Represented By

Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-10317

Charles Borden and Jennifer Borden

Chapter 13

#37.00 Hrg re status conference regarding application of discharge

CASE DISCHARGE: 3-22-21

Docket 61

Tentative Ruling:

Final Ruling. The Court has reviewed the new applications for entry of discharge filed in this case. Based on that review, the Court entered a discharge in this case and, therefore, it does not appear that a status conference is necessary at this time. No appearances are required.

If the debtors have any concerns, questions or objections regarding these matters or anything else regarding this case that the debtors wish to address, the debtors or counsel for the debtors are welcome to appear at the status conference. Likewise, if the debtors or counsel for the debtors wish to discuss the chapter 13 procedures order or ask any questions, the status conference is an opportunity to do so. Any issues in this case may be addressed at the status conference. However, as stated above, no appearances are required and, in the absence of an appearance, the Court will simply conclude the status conference.

Party Information

Debtor(s):

Charles Borden Represented By Tom A Moore

Joint Debtor(s):

Jennifer Borden Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:19-11456

Kathryn Dolores Svatos

Chapter 13

#38.00 Hrg re status conference regarding application of discharge

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kathryn Dolores Svatos Represented By Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

3:15 PM

6:17-17743


Kyle Christopher Core


Chapter 13


#39.00 Hrg re status conference regarding application of discharge FROM: 11-18-20, 1-13-21

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kyle Christopher Core Represented By Mona V Patel

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:20-17413


David Emilio Jones and Cecilia Barrera Jones


Chapter 7


#1.00 Motion for relief from stay


ACAR LEASING LTD VS DEBTORS


Property: 2018 Buick Enclave

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 33

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

David Emilio Jones Represented By

Thomas D Sands - SUSPENDED BK -

Joint Debtor(s):

Cecilia Barrera Jones Represented By

Thomas D Sands - SUSPENDED BK -

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:00 AM

6:21-10596


Jose Luis Flores Santiago and Cristina Vargas Moreno


Chapter 7


#2.00 Motion for relief from stay


SANTANDER CONSUMER USA VS DEBTOR


Property: 2020 Jeep Compass

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

Jose Luis Flores Santiago Represented By James G. Beirne

Joint Debtor(s):

Cristina Vargas Moreno Represented By James G. Beirne

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-10666

Patricia Joan Maldonado

Chapter 7


#3.00 Motion for relief from stay

FORD MOTOR CREDIT VS DEBTOR 2017 FORD ESCAPE

[Personal Prop] Shelly K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

Patricia Joan Maldonado Represented By Edgar P Lombera

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:21-11148

Shannen Evans and Adam Joseph Evans

Chapter 7


#4.00 Motion for relief from stay EXETER FINANCE VS DEBTORS

Property: 2014 Dodge Dart

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

Shannen Evans Represented By David L Nelson

Joint Debtor(s):

Adam Joseph Evans Represented By David L Nelson

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:21-11291

Raul Azcuenaga

Chapter 7

#5.00 Motion for relief from stay DAIMLER TRUST VS DEBTOR

Property: 2018 Mercedes-Benz C300W [Personal Prop] Sheryl K. Ith, attorney/movant

Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

Raul Azcuenaga Represented By Antonio John Ibarra

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11295

Rene De La Parra

Chapter 7


#6.00 Motion for relief from stay


HONDA LEASE TRUST VS DEBTOR


Property: 2020 Acura MDX

[Personal Prop] Vincent V. Frounjian, attorney/movant


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-14- 21

Party Information

Debtor(s):

Rene De La Parra Represented By Christopher Hewitt

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:30 PM

6:15-14612

Reinier Santos Dela Cruz

Chapter 13

Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success

#7.00 Status conference re: Complaint to avoid junior lien on principal residence [Property: 574 Highland Court, Upland, CA 91786]

FROM: S/C 1-14-21

Docket 1


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 5-20-21 AT 1:30 P.M.

Party Information

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Defendant(s):

Wilmington Trust, National Pro Se

Joint Debtor(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Plaintiff(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-12668


Trina Lee Kenney


Chapter 7

Adv#: 6:20-01128 Loy et al v. Kenney


#8.00 Status conference re: Complaint to determine dischargeability of debt FROM: 10-8-20, 1-13-21


Docket 1


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 5-6-21 AT 2:00 P.M.

Party Information

Trina Lee Kenney Represented By Todd L Turoci

Defendant(s):

Trina Lee Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

1:30 PM

CONT...


Trina Lee Kenney


D Edward Hays


Chapter 7

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:30 PM

6:20-13504


Elijah Timothy Hunter Kenney


Chapter 7

Adv#: 6:20-01140 Loy et al v. Kenney


#9.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20, 1-13-21

Docket 1


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 5-6-21 AT 2:00 P.M.

Party Information

Elijah Timothy Hunter Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Elijah Timothy Hunter Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

D Edward Hays

1:30 PM

CONT...


Elijah Timothy Hunter Kenney


Chapter 7

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

1:30 PM

6:20-13505


Jezriel Patricia Kenney


Chapter 7

Adv#: 6:20-01141 Loy et al v. Kenney


#10.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20, 1-13-21

Docket 1


Debtor(s):

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 5-6-21 AT 2:00 P.M.

Party Information

Jezriel Patricia Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Jezriel Patricia Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

1:30 PM

CONT...


Jezriel Patricia Kenney


D Edward Hays


Chapter 7

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

Laila Masud

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-17551


CNC Puma Corporation


Chapter 11


#1.00 Hrg re status conference


Docket 0


Party Information

Debtor(s):

CNC Puma Corporation Represented By

J. Luke Hendrix

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

11:00 AM

6:20-17551


CNC Puma Corporation


Chapter 11


#2.00 Hrg re motion for order fixing dates in subchapter V case FROM: 4-6-21


Docket 51

Party Information

Debtor(s):

CNC Puma Corporation Represented By

J. Luke Hendrix

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

3:00 PM

6:20-17503

Pro Installs Appliance Installations, Inc.

Chapter 11

#3.00 Hrg re status conference


Docket 0


Party Information

Debtor(s):

Pro Installs Appliance Installations, Represented By

Michael Jay Berger

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros


Monday, May 3, 2021

Hearing Room

304


10:00 AM

6:18-11111


Universal Surveillance Systems, LLC


Chapter 7

Adv#: 6:19-01007 Anderson v. Gonzaga University


#1.00 Trial re: Compalint (1) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; 2) Avoidance, Recovery, and

Preservation of Fraudulent Transfer [11 U.S.C. §§ 544, 550, and 551; Cal. Civ.Code §§ 3439 et seq.]; (3) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; and (4) Avoidance, Recovery, and

Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439 et seq.]


Docket 1

Debtor(s):

*** VACATED *** REASON: ADVERSARY DISMISSED 1-15-21

Party Information

Universal Surveillance Systems, Represented By

Jeffrey I Golden

Defendant(s):

Gonzaga University Represented By Eric A Mitnick

Plaintiff(s):

Karl T. Anderson Represented By Judith E Marshack

Matthew Grimshaw Kristine A Thagard

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C

1:00 PM

6:16-12192


Mark Technologies Corporation


Chapter 7


#1.00 Hrg re trustee's final report and applications for compensation


Docket 616


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Technologies Corporation Represented By Eve H Karasik

Trustee(s):

Helen R. Frazer (TR) Represented By Elissa Miller Sulmeyer Kupetz

1:00 PM

6:17-13068


Eva G. Camarena


Chapter 7


#2.00 Hrg re trustee's final report and applications for compensation


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eva G. Camarena Represented By James C Shields

Trustee(s):

Howard B Grobstein (TR) Represented By Monserrat Morales Jeremy Faith

1:00 PM

6:19-20489


Guadalupe Guzman


Chapter 7


#3.00 Hrg re motion for order: (1) Approving the sale of real property of the estate free and clear of liens, 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 other costs; and (3) Granting related relief


[Property: 1050 Gabbro Way, Hemet, CA 92543]


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guadalupe Guzman Represented By John C Colwell

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:00 PM

6:20-12399


Matthew Ryan Crider and Breanna Michelle Crider


Chapter 7


#4.00 Hrg re trustee's final report and applications for compensation


Docket 79

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $5,650 and expenses of $1,058.95;

  2. Rawson & Asssociates: fees of $250; and

  3. Donald T. Fife, CPA: fees of $1,000.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Matthew Ryan Crider Represented By

Robert B Rosenstein

1:00 PM

CONT...


Matthew Ryan Crider and Breanna Michelle Crider


Chapter 7

Joint Debtor(s):

Breanna Michelle Crider Represented By

Robert B Rosenstein

Trustee(s):

Todd A. Frealy (TR) Pro Se

1:00 PM

6:20-13005


TTBGM, Inc


Chapter 7


#5.00 Hrg re motion for an order disallowing claims


Claim number 14 filed by Steve Cornaglia

Claim number 15 filed by Patrick & Pamela Courtney Claim number 16 filed by Richard Besone, JD


Docket 166

*** VACATED *** REASON: ORDER CONT ENTERED 4-21-21; CONT'D TO 5-18-21 AT 1:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TTBGM, Inc Represented By

Thomas C Corcovelos

Trustee(s):

Arturo Cisneros (TR) Represented By Rika Kido

1:00 PM

6:20-17506


Gary Outzen


Chapter 7


#6.00 Hrg re final fees and or expense for Caroline R. Djang


Docket 65

*** VACATED *** REASON: ORDER CONT ENTERED 4-29-21; CONT'D TO 12-14-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Outzen Represented By

Todd L Turoci

Trustee(s):

Lynda T. Bui (TR) Represented By Melissa Davis Lowe

1:00 PM

6:20-17506


Gary Outzen


Chapter 7


#7.00 Hrg re final fees and or expense for the Turoci Firm, Inc.


Docket 70

*** VACATED *** REASON: ORDER CONT ENTERED 4-29-21; CONT'D TO 12-14-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Outzen Represented By

Todd L Turoci

Trustee(s):

Lynda T. Bui (TR) Represented By Melissa Davis Lowe

1:00 PM

6:21-10067


Tri-K Truss Company


Chapter 7


#8.00 Hrg re motion for order: (1) Approving compromise with Pacific Truss and Supply Inc.; (2) Sale of property free and clear of liens; and (3) Waiver of the rule 6004 stay


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tri-K Truss Company Represented By Jenny L Doling

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe

Goe & Forsythe LLP

1:00 PM

6:16-20563


Giovanni Agostino Nanci and Stephanie Suzanne Nanci


Chapter 7


#8.01 Hrg re motion of chapter 7 trustee to approve compromise with debtors for resolution of all claims


Docket 105


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Giovanni Agostino Nanci Represented By Donald W Reid

Joint Debtor(s):

Stephanie Suzanne Nanci Represented By Donald W Reid

Trustee(s):

Steven M Speier (TR) Represented By Julie Philippi Morey & Upton Scott Talkov

Christopher M Kiernan

1:30 PM

6:20-17503


Pro Installs Appliance Installations, Inc.


Chapter 11


#9.00 Hrg re first interim application for compensation and reimbursement of expenses of Michael Jay Berger


FROM: 4-6-21


Docket 73

*** VACATED *** REASON: SCHEDULNG ORDER ENTERED 4-27- 21; CONT'D TO 9-7-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pro Installs Appliance Installations, Represented By

Michael Jay Berger

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

1:30 PM

6:20-17503


Pro Installs Appliance Installations, Inc.


Chapter 11


#10.00 Hrg re application for payment of interim fees and or expenses of Jennifer M. Lui FROM: 4-6-21


Docket 77

*** VACATED *** REASON: SCHEDULNG ORDER ENTERED 4-27- 21; CONT'D TO 9-7-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pro Installs Appliance Installations, Represented By

Michael Jay Berger

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-16924


CGC-Mroz Accountants & Advisors


Chapter 11


#11.00 Hrg re order setting chapter 11 status conference FROM: 3-9-21, 3-25-21

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CGC-Mroz Accountants & Advisors Represented By

Ian Landsberg

Trustee(s):

Caroline Renee Djang (TR) Pro Se

2:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#12.00 Hrg re motion for allowance and payment of administrative expense claim FROM: 3-9-21


Docket 249


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#13.00 Hrg re motion for order approving compromise of controversy FROM: 3-9-21

Docket 262

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-15-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented By Todd L Turoci

Amelia Puertas-Samara

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:30 PM

6:20-11234


Dani Transport Service, Inc.


Chapter 11


#14.00 Hrg re chapter 11 status conference


FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21, 4-20-21


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dani Transport Service, Inc. Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Pro Se

3:00 PM

6:19-10026


Anibal Mesala Silva


Chapter 13

Adv#: 6:20-01142 Silva v. MIDFIRST BANK et al


#15.00 Hrg re motion debtor's demand for mandatory disqualification of Judge Scott Yun


Docket 36

*** VACATED *** REASON: SCHEDULING ORER ENERED 4-27-21; CONT'D TO 6-29-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anibal Mesala Silva Pro Se

Defendant(s):

MIDFIRST BANK Represented By Darlene C Vigil

Midland Mortgage Represented By Darlene C Vigil

Plaintiff(s):

Anibal Silva Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

3:30 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#16.00 Hrg re motion for contempt for willfully violating an order of the court entered on 3-12-18


FROM: 9-1-20, 10-6-20, 11-17-20, 1-12-21, 3-23-21


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele

3:30 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#17.00 Hrg re status conference


FROM: 11-17-20, 1-12-21, 3-23-21


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden

3:30 PM

6:19-12898


Robbie Eugene Smith and Desiree Marie Smith


Chapter 13


#18.00 Hrg re status conference FROM: 3-23-21

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robbie Eugene Smith Represented By Summer M Shaw

Joint Debtor(s):

Desiree Marie Smith Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11437


Jose Gaspar Trujillo


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Gaspar Trujillo Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11460


Dolores Marina Mendez


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dolores Marina Mendez Represented By Trang P Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11520


Dawn Renee Tanner


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dawn Renee Tanner Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11567


Shihal Howard


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shihal Howard Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11646


Kimberly M Voskeritchian


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kimberly M Voskeritchian Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11741


Lynnetta J Wright-Diaz


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lynnetta J Wright-Diaz Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11746


Allan Wagner


Chapter 13


#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Allan Wagner Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:15-20556


Antonio R Ulit, Jr.


Chapter 13


#8.00 Hrg re trustee's motion to dismiss regarding unreasonable delay


Docket 79

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-3-21; CONT'D TO 5-19-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Antonio R Ulit Jr. Represented By Gary J Holt

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-12773


Otoniel Toledo


Chapter 13


#9.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 88

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 2-22- 21; ADVANCED TO 3-10-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Otoniel Toledo Represented By Joseph A Weber

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-10877


Martha Vaca Herrera and Gabriel Yanez


Chapter 13


#10.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 49

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-21-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martha Vaca Herrera Represented By Dana Travis

Joint Debtor(s):

Gabriel Yanez Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-10824


Jorge Alberto Rios and Ana Lilia Campos


Chapter 13


#10.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-28-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge Alberto Rios Represented By

Rabin J Pournazarian

Joint Debtor(s):

Ana Lilia Campos Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-12045


John Michael Saenz and Hortencia Saenz


Chapter 13


#10.02 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 49

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Michael Saenz Represented By Sunita N Sood Seema N Sood

Joint Debtor(s):

Hortencia Saenz Represented By Sunita N Sood Seema N Sood

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-14391


Mark A. Serrato


Chapter 13


#10.03 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 54

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark A. Serrato Represented By Lionel E Giron

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-16712


Urania Ursa Banks


Chapter 13


#11.00 Hrg re objection to claim of CIGPE I, claim number 9 and motion for order disallowing claim


Docket 43

*** VACATED *** REASON: ORDER DISALLOWING CLAIM ENTERED 5-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Urania Ursa Banks Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-10007


Mia Susanne Moyer


Chapter 13


#12.00 Hrg re order disallowing claim number 1 of Cavalry SPA I, LLC as assignee of Chase Bank USA N.A. (WAMU)


Docket 0

*** VACATED *** REASON: ORDER DISALLOWING CLAIM ENTERED 5-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mia Susanne Moyer Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11184


Pascual Liera, Jr.


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pascual Liera Jr. Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11189


Daniel Allen West and Yokarine West


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Allen West Represented By

Rabin J Pournazarian

Joint Debtor(s):

Yokarine West Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11210


Kevin Hargrove


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 6

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kevin Hargrove Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11225


Christopher John Uttecht


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher John Uttecht Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11229


Lillian Baker


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lillian Baker Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11232


Garrick Carl Belser


Chapter 13


#18.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 3-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garrick Carl Belser Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11332


Minh The Doan


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Minh The Doan Represented By Lyly Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11381


Keith Alan Fairbrother


Chapter 13


#20.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 8-23-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Keith Fairbrother Represented By

Dennis A Rasmussen

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:16-15648


Robert Girard Nolan


Chapter 13


#21.00 Hrg re trustee's motion to dismiss case regarding unreasonable delay


ADVANCED FROM 5-19-21


Docket 46

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 4-19-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Girard Nolan Represented By Yelena Gurevich

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:15-18923


Tyrone Owens, Sr. and Betty Jean Owens


Chapter 13


#22.00 Hrg re motion for relief from stay WELLS FARGO BANK VS DEBTOR

Property: 12855 Mallorca Way, Victorville, CA 92395 [Real Prop] Eric Enciso, attorney/movant


Docket 127

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tyrone Owens Sr. Represented By Dana Travis

Joint Debtor(s):

Betty Jean Owens Represented By Dana Travis

Movant(s):

WELLS FARGO BANK, N.A. Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-11845


Francisco Medrano and Claudia Mercedes Medrano


Chapter 13


#23.00 Hrg re motion for order imposing a stay or continuing the automatic stay


Docket 11

*** VACATED *** REASON: ORDER REGARDING AUTOMATIC STAY ENTERED 4-27-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Francisco Medrano Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr.

Movant(s):

Francisco Medrano Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr.

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:21-10659


Luis Antonio Hernandez Cuevas


Chapter 7


#1.00 Hrg re reaffirmation agreement filed 4-12-21 between Debtor and Flagship Credit Acceptance for the amount of $7,550.00


RE: 16 Hyundai Sonata


Docket 13

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luis Antonio Hernandez Cuevas Represented By

Irma C Coler

Trustee(s):

Steven M Speier (TR) Pro Se

8:30 AM

6:21-10795


Jorge A Mora and Maria Del Rocio Mora


Chapter 7


#2.00 Hrg re reaffirmation agreement filed 4-13-21 between Debtor and Wells Fargo Auto in the amount of $21,211.06


RE: 2018 Mercedes-Benz CLA Class


Docket 17

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATIN AGREEMENT ENTERED 4-27-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge A Mora Represented By

Raymond Perez

Joint Debtor(s):

Maria Del Rocio Mora Represented By Raymond Perez

Trustee(s):

Arturo Cisneros (TR) Pro Se

9:00 AM

6:20-17292


Moises A Valladares


Chapter 7


#3.00 Hrg re reaffirmation agreement filed 1-25-21 between Debtor and American Honda Finance Corp. in the amount of $29,781.94


RE:2019 Honda Accord FROM: 3-11-21

Docket 8

*** VACATED *** REASON: ORDER DISAPPROVING REAFFIRMATION AGREEMENT ENTERED 4-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Moises A Valladares Represented By Ruben Salazar

Trustee(s):

Todd A. Frealy (TR) Pro Se

9:00 AM

6:21-10106


Randall B Cotin


Chapter 7


#4.00 Hrg re reaffirmation agreement filed 2-3-21 between Debtor and Capital One Auto Finance in the amount of $14,889.68


RE: 2016 Nissan Quest Wagon FROM: 3-11-21

Docket 15

*** VACATED *** REASON: ORDER REGARDING REAFFIRMATION AGREEMENT ENTERED 4-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Randall B Cotin Represented By Elaine O San Juan

Trustee(s):

Karl T Anderson (TR) Pro Se

10:00 AM

6:17-14622


Heath Carr


Chapter 7


#5.00 Motion for relief from stay


GUILD MORTGAGE VS DEBTOR


Property: 1184 Teton Drive, Big Bear Lake, CA 92315 [Real Prop] Nancy Lee, attorney/movant


Docket 120

*** VACATED *** REASON: ORDER REGARDING AUTOMATIC STAY ENTERED 4-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heath Carr Represented By

Keith Q Nguyen

Movant(s):

Guild Mortgage Company LLC Represented By Nancy L Lee

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello

10:00 AM

6:21-10953


Ashlee Nicole Alvarez


Chapter 7


#6.00 Motion for relief from stay


TOYOTA MOTOR CREDIT VS DEBTOR


Property: 2017 Toyota Higlander

[Personal Prop] Kristen Martinez, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ashlee Nicole Alvarez Represented By James P Doan

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Steven M Speier (TR) Pro Se

10:00 AM

6:21-10973


Eric Fabian Ramirez


Chapter 7


#7.00 Motion for relief from stay


TOYOTA MOTOR CREDIT VS DEBTOR


Property: 2019 Toyota Prius Prime

[Personal Prop] Austin P. Nagel, attorney/movant


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric Fabian Ramirez Represented By Curtis R Aijala

Movant(s):

Toyota Motor Credit Corporation, Represented By

Austin P Nagel

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:21-10984


Isabel R Castaneda


Chapter 7


#8.00 Motion for relief from stay


AMERICREDIT FINANCIAL SERVICES VS DEBTOR


Property: 2017 Chevrolet Camaro

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Isabel R Castaneda Represented By Christopher Hewitt

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11543


Josefina Ortega-Quinonez


Chapter 7


#9.00 Motion for relief from stay


AMERICAN HONDA FINANCE VS DEBTOR


Property: 2019 Honda Accord

[Personal Prop] Vincent V. Frounjian, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-26- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Josefina Ortega-Quinonez Represented By James G. Beirne

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:30 AM

6:19-16555


Miguel A Nigo


Chapter 7

Adv#: 6:21-01025 United States Trustee for the Central District of v. Mares


#10.00 Status conference re: Complaint for injunctive relief, damages, and fines against defendant Maria Mares


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel A Nigo Pro Se

Defendant(s):

Maria Mares Pro Se

Plaintiff(s):

United States Trustee for the Central Represented By

Abram Feuerstein esq

Trustee(s):

Charles W Daff (TR) Pro Se

10:30 AM

6:19-16555


Miguel A Nigo


Chapter 7


#11.00 Hrg re status conference


FROM: 7-21-20, 10-20-20, 11-17-20, 3-9-21


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel A Nigo Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:19-10528


KLINTON, INC, a California Corporation


Chapter 7

Adv#: 6:21-01012 Grobstein v. Mehtar et al


#12.00 Status conference re: Complaint to: (1) avoid and recover preferential transfer;

(2) to avoid and recover fraudulent transfers; (3) to avoid and recover transfers and (4) to preserve transfers for the benefit of the estate


FROM: 3-29-21


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

KLINTON, INC, a California Represented By Michael E Plotkin

Defendant(s):

Leena Mehtar Pro Se

Danna Mehtar Pro Se

LDZJ Family Limited Partnership Pro Se

Mohammed Naji Pro Se

Plaintiff(s):

Howard B. Grobstein Represented By David M Goodrich

Trustee(s):

Howard B Grobstein (TR) Represented By David M Goodrich

1:30 PM

6:10-16163


Lawrence Eugene Forester


Chapter 13

Adv#: 6:21-01032 Forester et al v. CITIBANK N.A.


#13.00 Hrg re motion to dismiss adversary complaint for failure to state a claim upon which relief can be granted


Docket 5

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED 5-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Defendant(s):

CITIBANK N.A. Represented By Jillian A Benbow

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Plaintiff(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Lawrence Eugene Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

1:30 PM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#14.00 Status conference re: Complaint to avoid junior lien of Onewest Bank FSB [Property: 14940 Spring Street, Fontana, CA 92335]

FROM: S/C 2-11-21, 3-25-21, 4-15-21


Docket 1

*** VACATED *** REASON: ADVERSARY DISMISSED 4-30-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

1:30 PM

6:11-40323


Jose Aguilar


Chapter 13

Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac


#15.00 Hrg re motion for default judgment FROM: 1-28-21, 3-25-21, 4-15-21


Docket 6

*** VACATED *** REASON: ADVERSARY DISMISSED 4-30-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Aguilar Represented By

Javier H Castillo

Defendant(s):

OneWest Bank FSB, successor in Pro Se

Plaintiff(s):

Jose Aguilar Represented By

Javier H Castillo

Trustee(s):

Rod (MJ) Danielson (TR) Represented By

Rod (MJ) Danielson (TR)

2:00 PM

6:20-12668


Trina Lee Kenney


Chapter 7

Adv#: 6:20-01128 Loy et al v. Kenney


#16.00 Status conference re: Complaint to determine dischargeability of debt FROM: 10-8-20, 1-13-21, 4-22-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-3-21; CONT'D TO 1-13-22 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trina Lee Kenney Represented By Todd L Turoci

Defendant(s):

Trina Lee Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

2:00 PM

CONT...


Trina Lee Kenney


D Edward Hays


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:20-13504


Elijah Timothy Hunter Kenney


Chapter 7

Adv#: 6:20-01140 Loy et al v. Kenney


#17.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20, 1-13-21, 4-22-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-3-21; CONT'D TO 1-13-22 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elijah Timothy Hunter Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Elijah Timothy Hunter Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

Laila Masud

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

2:00 PM

CONT...


Elijah Timothy Hunter Kenney


Chapter 7

Julia Summer Evans Represented By

D Edward Hays

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-13505


Jezriel Patricia Kenney


Chapter 7

Adv#: 6:20-01141 Loy et al v. Kenney


#18.00 Status conference re: Complaint to determine dischargeability of debt FROM: 11-5-20, 1-13-21, 4-22-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-3-21; CONT'D TO 1-13-22 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jezriel Patricia Kenney Represented By Todd L Turoci Donald W Reid

Defendant(s):

Jezriel Patricia Kenney Pro Se

Plaintiff(s):

Jessica Loy Represented By

D Edward Hays

Brittany Swigart Represented By

D Edward Hays

Brandon Swigart Represented By

D Edward Hays

Jane Doe Represented By

D Edward Hays

Ramtin Mehrvijeh Represented By

D Edward Hays

Julia Summer Evans Represented By

2:00 PM

CONT...


Jezriel Patricia Kenney


D Edward Hays


Chapter 7

Austin Matelson Represented By

D Edward Hays

Emily Kovach Represented By

D Edward Hays

Jane Roe Represented By

D Edward Hays

Caru Society for the Prevention of Represented By

Laila Masud

D Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

3:00 PM

6:18-20473


CWP Cabinets


Chapter 7

Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al


#19.00 Hrg re motion to dismiss complaint for: (1) Lack of standing; and (2) Failure to state a claim upon which relief can be granted


FROM: 3-11-21, 4-5-21, 4-15-21


Docket 10

*** VACATED *** REASON: ORDER DENYING MOTION ENTERED 5

-3-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

CWP Cabinets Represented By

J Scott Williams

Defendant(s):

Adelanto Millworks, LLC Represented By Michael G Spector

Mark Kinnison Represented By Michael G Spector

Plaintiff(s):

Charles W Daff Represented By Robert P Goe Charity J Manee

Trustee(s):

Charles W Daff (TR) Represented By Robert P Goe


Friday, May 7, 2021

Hearing Room

304


10:00 AM

6:18-11111


Universal Surveillance Systems, LLC


Chapter 7

Adv#: 6:19-01006 Anderson v. Point Loma Nazarene University


#1.00 Trial re: Complaint for avoidance, recovery, and preservation of fraudulent transfer


Docket 1

Debtor(s):

*** VACATED *** REASON: ORDER DISMISSING ENTERED 1-19-21

Party Information

Universal Surveillance Systems, Represented By

Jeffrey I Golden

Defendant(s):

Point Loma Nazarene University Represented By

Gerald P Kennedy

Plaintiff(s):

Karl T. Anderson Represented By Judith E Marshack

Matthew Grimshaw Kristine A Thagard

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C Tinho Mang

1:30 PM

6:20-14915


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13


#1.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 30


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Again, debtors need not appear today.


Please review this posted calendar again on Monday around noon. The Court intends to post additional information by noon on Monday.

Party Information

Debtor(s):

Carlos Valdovinos Represented By Sundee M Teeple

Joint Debtor(s):

Geovanna A. Valdovinos Represented By Sundee M Teeple

1:30 PM

CONT...

Trustee(s):


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14915


Carlos Valdovinos and Geovanna A. Valdovinos


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21


Docket 30


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Again, debtors need not appear today.


Please review this posted calendar again on Monday around noon. The Court intends to post additional information by noon on Monday.

Party Information

Debtor(s):

Carlos Valdovinos Represented By Sundee M Teeple

Joint Debtor(s):

Geovanna A. Valdovinos Represented By

1:30 PM

CONT...


Trustee(s):


Carlos Valdovinos and Geovanna A. Valdovinos

Sundee M Teeple


Chapter 13

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17688


Leticia Cisneros


Chapter 13


#3.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed

1:30 PM

CONT...


Leticia Cisneros


Chapter 13

confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:


On December 14, 2020, the Court entered a scheduling order [docket #22] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for May 10, 2021 at 1:30 p.m.


On April 12, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #43] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 28, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 13, 2021 [docket #44] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s amended procedures order [docket #14] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On May 10, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on May 10, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

1:30 PM

CONT...


Leticia Cisneros


Chapter 13

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting December 28, 2020, the monthly plan payment is $1,100. Starting January 28, 2021, the monthly plan payment is $2,751.


    The due date for each payment is the 28th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $163,409. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,960, counsel is entitled to payment of $3,040 from the estate at a rate no more than $304 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's

      1:30 PM

      CONT...


      Leticia Cisneros


      Chapter 13

      fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all

      1:30 PM

      CONT...


      Leticia Cisneros


      Chapter 13

      tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $2,251.96 at a rate no less than $37.53 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $151.78 at a rate no less than $15.18 per month for ten months.


      3. The Trustee shall pay the secured claim of LoanCare in the amount of $22,633.40 at a rate no less than $377.22 per month for 60 months.


      4. The Trustee shall pay the secured claim of CarMax Auto Finance in the amount of $2,728.64 at a rate no less than $50.25 per month for 60 months with interest at the rate of 4% per annum.


      5. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall

      1:30 PM

      CONT...


      Leticia Cisneros


      Chapter 13

      not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.

      1:30 PM

      CONT...


      Leticia Cisneros


      Chapter 13

    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in February of 2021 in the approximate amount of $1,428.61 per month to the creditor LoanCare. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor. Other than those few payments by the Debtors prior to February of

      1:30 PM

      CONT...


      Leticia Cisneros


      Chapter 13

      2021, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the limited period of time during which they are responsible for making Direct Payments.


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.

      1:30 PM

      CONT...


      Leticia Cisneros

    5. Yearly Reports. Once a year, for any year in which the Debtors were


      Chapter 13

      required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

1:30 PM

CONT...

Debtor(s):


Leticia Cisneros


Chapter 13

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17688


Leticia Cisneros


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

1:30 PM

CONT...

Debtor(s):


Leticia Cisneros


Chapter 13

Leticia Cisneros Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17705


Nemesis Gissel Ortiz Mcqueen


Chapter 13


#5.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed

1:30 PM

CONT...


Nemesis Gissel Ortiz Mcqueen


Chapter 13

confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:


On December 14, 2020, the Court entered a scheduling order [docket #16] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for May 10, 2021 at 1:30 p.m.


On April 21, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 30, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 21, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s amended procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On May 10, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on May 10, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.

1:30 PM

CONT...


Nemesis Gissel Ortiz Mcqueen


Chapter 13

Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting January 1, 2021, the monthly plan payment is $566. Starting June 1, 2021, the monthly plan payment is $584.


    The due date for each payment is the 1st day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $34,950. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $3,850; having previously received $1,350, counsel is entitled to payment of $2,500 from the estate at a rate no more than $250 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's

      1:30 PM

      CONT...


      Nemesis Gissel Ortiz Mcqueen


      Chapter 13

      fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all

      1:30 PM

      CONT...


      Nemesis Gissel Ortiz Mcqueen


      Chapter 13

      tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.

      1:30 PM

      CONT...


      Nemesis Gissel Ortiz Mcqueen


      Chapter 13

    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other

      1:30 PM

      CONT...


      Nemesis Gissel Ortiz Mcqueen


      Chapter 13

      attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.


    2. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing.


    4. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

1:30 PM

CONT...


Debtor(s):


Nemesis Gissel Ortiz Mcqueen

Party Information


Chapter 13

Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17705


Nemesis Gissel Ortiz Mcqueen


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

1:30 PM

CONT...

Debtor(s):


Nemesis Gissel Ortiz Mcqueen


Chapter 13

Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17772


Charles A. Runge and Irma E. Runge


Chapter 13


#7.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed

1:30 PM

CONT...


Charles A. Runge and Irma E. Runge


Chapter 13

confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:


On December 14, 2020, the Court entered a scheduling order [docket #16] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for May 10, 2021 at 1:30 p.m.


On April 21, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #36] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on January 13, 2021 [docket #26] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 27, 2021 [docket #37] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #11] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On May 10, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on May 10, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. §

1:30 PM

CONT...


Charles A. Runge and Irma E. Runge


Chapter 13

1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting January 3, 2021, the monthly plan payment is $1,090. Starting February 3, 2021, the monthly plan payment is $3,559.


    The due date for each payment is the 3rd day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 32% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $211,071. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $1,463, counsel is entitled to payment of $3,537 from the estate at a rate no more than $75 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge


      Chapter 13

      fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge


      Chapter 13

      tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $5,110.67 at a rate no less than $85.18 per month for 60 months.


      2. The Trustee shall pay the secured claim of Loan Depot in the amount of $46,718.95 at a rate no less than $778.65 per month for 60 months.


      3. Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being made by the Trustee within seven days of Plan confirmation.


      4. Gross income over $70,000 is pledged to the Plan less tax deductions.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge


      Chapter 13

      the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge

    9. The Debtors have checked the box "none" in section IV of the Plan.


      Chapter 13

      Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors except to the following limited extent:


      With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in February of 2021 in the approximate amount of $2,270.52 per month to the creditor Loan Depot. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor. Other than those few payments by the Debtors prior to February of 2021, this case does not involve any other direct payments by the Debtors to creditors and, therefore, the Debtors need only file reports pursuant to paragraph 5(e) for the limited period of time during which they are responsible for making Direct Payments.

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge

    2. As used in this order, the term "Direct Payments" means (i) all


      Chapter 13

      payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021,

      1:30 PM

      CONT...


      Charles A. Runge and Irma E. Runge


      Chapter 13

      then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

      Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Charles A. Runge Represented By Gary S Saunders

1:30 PM

CONT...


Charles A. Runge and Irma E. Runge


Chapter 13

Joint Debtor(s):

Irma E. Runge Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17772


Charles A. Runge and Irma E. Runge


Chapter 13


#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

1:30 PM

CONT...

Debtor(s):


Charles A. Runge and Irma E. Runge


Chapter 13

Charles A. Runge Represented By Gary S Saunders

Joint Debtor(s):

Irma E. Runge Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17784


D'Aniel Anthony Causey


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed

1:30 PM

CONT...


D'Aniel Anthony Causey


Chapter 13

confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:


On December 14, 2020, the Court entered a scheduling order [docket #15] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for May 10, 2021 at 1:30 p.m.


On April 12, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #28] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on December 4, 2020 [docket #2] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 13, 2021 [docket #30] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #8] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On May 10, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on May 10, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. §

1:30 PM

CONT...


D'Aniel Anthony Causey


Chapter 13

1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,325 commencing on January 4, 2021. The due date for each payment is the 4th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $79,500. Debtors must pay sufficient funds to pay

    (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $5,000; having previously received $2,000, counsel is entitled to payment of $3,000 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and

      1:30 PM

      CONT...


      D'Aniel Anthony Causey

      priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of


      Chapter 13

      claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of

      1:30 PM

      CONT...


      D'Aniel Anthony Causey


      Chapter 13

      the Trustee to object to any proof of claim.


    6. Interlineations:


      1. The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $3,592.98 at a rate no less than $59.88 per month for 60 months.


      2. The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $15,746.21 at a rate no less than

        $262.44 per month for 60 months.


      3. The Trustee shall pay the secured claim of American Honda Finance in the amount of $139.20 at a rate no less than $23.47 per month for six months with interest at the rate of 4% per annum.


      4. Additional provisions:


        1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


        2. No claims listed in Class 3B (or any other class) shall be bifurcated.


        3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither

          1:30 PM

          CONT...


          D'Aniel Anthony Causey


          Chapter 13

          the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor confirmation of the Plan will create an automatic stay.


        4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


        5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

          (i.e. F 3015-1.02.NOTICE.341.CNFRM or

          F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


        6. The Plan is modified to comply with the requirements of the court’s approved plan form.


        7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


        8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


        9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan

          1:30 PM

          CONT...


          D'Aniel Anthony Causey


          Chapter 13

          provision deviating from that form) is ineffective and hereby stricken.


        10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


        11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


        12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


      5. Direct Payments and Related Matters


        1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


          All payments for the automobile loan for the 2012 Honda Crosstour in the approximate amount of $399.45 per month. (Creditor: American Honda Finance).


          All payments for the automobile loan for the 2018 Honda Accord in the approximate amount of $485.86 per month. (Creditor: SchoolsFirst Federal Credit Union).


        2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.

          1:30 PM

          CONT...


          D'Aniel Anthony Causey


          Chapter 13

        3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


        4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


        5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report

          1:30 PM

          CONT...


          D'Aniel Anthony Causey


          Chapter 13

          shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment.

          Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


        6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

D'Aniel Anthony Causey Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17784


D'Aniel Anthony Causey


Chapter 13


#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21


Docket 2


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

1:30 PM

CONT...

Debtor(s):


D'Aniel Anthony Causey


Chapter 13

D'Aniel Anthony Causey Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17806


Mark Alan Roybal


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 1

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Alan Roybal Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17806


Mark Alan Roybal


Chapter 13


#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21

Docket 1

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Alan Roybal Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17817


Johnny Lam Nguyen


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 1

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Johnny Lam Nguyen Represented By Rex Tran

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17817


Johnny Lam Nguyen


Chapter 13


#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21

Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Johnny Lam Nguyen Represented By Rex Tran

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17864


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


FROM: 1-27-21


Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17864


Paul Joseph Elwart and Angela Elli Elwart


Chapter 13


#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-13-21

Docket 2

*** VACATED *** REASON: CASE DISMISSED 1-25-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Joseph Elwart Represented By Paul Y Lee

Joint Debtor(s):

Angela Elli Elwart Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17897


Sandra K. Shea


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


FROM: 2-10-21


Docket 1

*** VACATED *** REASON: CASE DISMISSED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra K. Shea Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17897


Sandra K. Shea


Chapter 13


#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-27-21


Docket 6

*** VACATED *** REASON: CASE DISMISSED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra K. Shea Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17950


Maria Del Rosario Jimenez


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


FROM: 2-10-21


Docket 7


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


The Court thanks the parties for preparing the matter for confirmation. Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by

video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order (see below) prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.


Based on the pleadings filed with the Court, the terms of the proposed

2:30 PM

CONT...


Maria Del Rosario Jimenez


Chapter 13

confirmation order are set forth below. No written order has been entered yet and, therefore, the following terms are not binding in any manner in this case. Docketing this unsigned hearing sheet does not constitute entry of any order in this case. Instead, if the parties agree on the record at the confirmation hearing with the following terms, the Court intends to enter a separate, signed, written confirmation order with the following terms:


On January 5, 2021, the Court entered a scheduling order [docket #18] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for May 10, 2021 at 2:30 p.m.


On April 21, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #30] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on January 27, 2021 [docket #25] ("Plan") on the terms set forth in the Statement and the attached worksheet.


Pursuant to paragraph 3(d) of the Order, counsel for the Debtors then filed a pleading on April 29, 2021 [docket #31] agreeing with the Trustee’s terms in the Statement and the worksheet. No objections to confirmation have been filed and the deadline to do so has passed.


The Debtors have not objected to the Court’s procedures order [docket #9] ("Procedures Order") and the deadline to so in paragraph V on page 41 of the Procedures Order has passed. Accordingly, the case is now ready for confirmation.


On May 10, 2021, the Court held the confirmation hearing. Prior to the hearing, the Court prepared this confirmation order based on the Statement and attached worksheet. The Court then posted this form of order as a tentative ruling prior to the confirmation hearing. At the hearing, the Trustee recited on the record the agreed terms of confirmation as set forth in the Statement and this Order. Counsel for the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on May 10, 2021, counsel for the Debtors and the Trustee consented to entry of this form of Order.


Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. §

2:30 PM

CONT...


Maria Del Rosario Jimenez


Chapter 13

1325 and, accordingly, the Court hereby ORDERS:


  1. The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:


    Starting January 17, 2021, the monthly plan payment is $482. Starting May 17, 2021, the monthly plan payment is $515.


    The due date for each payment is the 17th day of each month and the Trustee must receive the payment by that day each month. The duration of the Plan is 60 months. General unsecured claims shall be paid 100% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $30,768. Debtors must pay sufficient funds to pay (1) the base plan amount or (2) the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.


  2. Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.


  3. Other provisions:


    1. The Debtors shall timely submit statements of income on an annual basis to the Trustee, which income shall be reviewed by the Trustee who may petition the court to increase the monthly plan payment for cause until such time as all allowed unsecured creditors, to the extent they are to be paid during the term of the Plan, are paid 100%. The Trustee may increase the dividend paid allowed unsecured claims until the full amount of the Plan base stated in this paragraph has been paid by the Debtors or the claims have been paid in full without further notice or order from the court.


    2. Counsel for Debtors is awarded fees of $4,500; having previously received $2,500, counsel is entitled to payment of $2,000 from the estate at a rate no more than $200 per month commencing forthwith. Using available funds, the Trustee shall make this monthly payment to counsel provided that sufficient funds exist after paying all secured obligations (including, but not limited to, conduit and non-conduit secured obligations) and any other senior priority unsecured claims (such as Trustee's

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      fees, domestic support obligations, etc.).


    3. (i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which proofs of claim have already been filed in this case by the holders of the claims and (B) the term "Unfiled Secured/Priority Debts" means all secured and priority unsecured debts which (1) the Debtors provide for under the Plan or by interlineation as set forth in this order and (2) the creditors holding the claims have not yet filed a proof of claim. The terms Filed Secured/Priority Debts and Unfiled Secured/Priority Debts do not include claims of any attorney’s fees of counsel for the Debtors. (Those are addressed in the preceding paragraph).


      (ii) The Trustee is authorized to immediately start making payments to holders of Filed Secured/Priority Debts and Unfiled Secured/Priority Debts. The Trustee shall pay holders of Filed Secured/Priority Debts in accordance with the terms set forth in the proofs of claims filed by the creditors (not the Plan) unless this order (or any other court order) provides otherwise. The Trustee shall make payments to holders of Unfiled Secured/Priority Debts based on the amounts set forth in the Plan or, if different, in this order and, unless or until the court orders otherwise, the Trustee shall continue to do so even if proofs of claim are never filed by creditors holding Unfiled Secured/Priority Debts. Pursuant to F.R.B.P. Rule 3004, the Debtors are deemed to have filed proofs of claims for Unfiled Secured/Priority Debts in the amounts set forth by the Debtors in the Plan or, if different, by interlineation in this order. However, if the holder of an Unfiled Secured/Priority Debts later files a proof of claim (whether timely or untimely), the amounts owed to that creditor asserted in that proof of claim will control (and supersede the amounts stated by the Debtors in the Plan or in this order) and the Trustee shall pay in accordance with the proof of claim unless and until (A) an objection to the proof of claim is filed and (B) the court enters an order regarding such objection.


    4. In addition to the monthly plan payments, all tax refunds (in any amount) received during the term of the Plan are pledged to the Plan and the Debtors shall promptly turn over all such refunds to the Trustee. Debtors shall timely file all

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      tax returns and promptly provide the Trustee with copies.


    5. Debtors reserve the right to object to any claim notwithstanding any Plan interlineations. Likewise, notwithstanding any term of the Plan that provides otherwise (if any), the Trustee retains the right and standing to object to claims and nothing in the Plan shall be construed as limiting or altering the right or standing of the Trustee to object to any proof of claim.


    6. Interlineations:


      1. Debtors must pay 100% to the unsecured creditors per the liquidation analysis.


  4. Additional provisions:


    1. As discussed on the record, the Debtors do not seek to avoid, extinguish, bifurcate or otherwise modify any liens in this bankruptcy case and, therefore, any and all provisions in the Plan purporting to avoid, extinguish, bifurcate or otherwise modify any lien are hereby disapproved. Confirmation of the Plan shall not constitute an avoidance, extinguishment, bifurcation or modification of any lien or encumbrance. As discussed in the Procedures Order, the deadline to file motions (or adversary proceedings) to avoid liens including, but not limited to, motions to avoid liens pursuant to 11 U.S.C. § 522(f), has passed and no such motions may be filed in the future in this case. Confirmation of the Plan and the terms of the Plan are based on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.


    2. No claims listed in Class 3B (or any other class) shall be bifurcated.


    3. Any provisions in the Plan purporting to create an automatic stay are hereby disapproved. The automatic stay is governed by 11 U.S.C. § 362 and neither the Plan nor this order shall be construed to expand its provisions. If, for example, the automatic stay has already terminated by operation of law (or never existed in this case in the first instance by operation of law), neither the Plan nor this order nor

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      confirmation of the Plan will create an automatic stay.


    4. Any and all provisions in the Plan purporting to immediately discharge any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.


    5. Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not be discharged if the creditor holding the claim or debt did not receive proper and timely notice of the case and the terms of the Plan. The provisions of the Plan and this order are not binding on any creditor or other party who was not properly and timely served with the Plan and the court mandated notice of the date, time and location of the meeting of creditors and confirmation hearing

      (i.e. F 3015-1.02.NOTICE.341.CNFRM or

      F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).


    6. The Plan is modified to comply with the requirements of the court’s approved plan form.


    7. In the event of any differences between the terms of the Plan and this Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.


    8. The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions governing post-confirmation matters.


    9. The Debtors have checked the box "none" in section IV of the Plan. Therefore, all language in section IV of the Plan after the end of the first full paragraph of section IV of the plan (which ends "or any Plan provision deviating from this form.") is hereby stricken and shall not apply in this case. In particular (but without limitation), all terms in section IV(A), (B), (C) and (D) of the Plan are stricken and shall not apply in this case. As set forth in the Plan, any nonstandard plan provision in the Plan (i.e. a plan provision not otherwise included in the Court’s mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.


    10. If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      addendum, that addendum is hereby disapproved. The F 3015-1.1.ADDENDUM is no longer an approved form in this district. The form was unanimously withdrawn as an approved form by the judges of this district on June 1, 2012.


    11. If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.


    12. The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.


  5. Direct Payments and Related Matters


    1. As discussed on the record, the Debtors will be responsible for making all of the following payments directly to creditors during the chapter 13 case (collectively, "Direct Payments"):


      All payments for the automobile loan for the 2018 Ford Explorer in the approximate amount of $600 per month. (Creditor: Ford Motor Credit Company).


    2. As used in this order, the term "Direct Payments" means (i) all payments described in the preceding paragraph 5(a) of this order which the Debtors are responsible for paying directly to creditors at any time during this case and (ii) any other payments to be made by or on behalf of the Debtors directly to any creditor during the term of the Plan. Direct Payments are required obligations under the terms of the confirmed Plan for all purposes and, therefore, (among other things) constitute required "payments under the plan" within the meaning of 11 U.S.C. § 1328(a). As discussed in paragraph 5(e) below, Debtors must provide proof that all Direct Payments are paid during the case.


    3. With Court permission, the Bankruptcy Code often permits debtors to sell, abandon or refinance property of the estate during a chapter 13 case or obtain other financing on a secured or unsecured basis. However, court permission in advance is required to do so. Therefore, if the Debtors seek to sell, transfer, give away, abandon or refinance property (including, but not limited to, collateral for the obligations which are paid by Direct Payments) or obtain any other financing, the

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      Debtors must file an appropriate motion to obtain a court order prior to selling, abandoning, transferring, giving away or refinancing property or obtaining other financing. Likewise, if in preparing to sell, abandon or refinance property or otherwise transfer property or obtaining financing, the Debtors desire to discontinue, suspend or otherwise not timely pay the Direct Payments, the Debtors must file a motion to modify the Plan (to excuse the payments) prior to defaulting in making Direct Payments in order to modify the stream of payments due under the terms of the confirmed Plan and avoid a default under the Plan and section 1328(a).


    4. The Debtors shall timely (1) pay to the Trustee all payments by each monthly due date, (2) pay all other obligations arising under the Plan or in the case including, but not limited to, Direct Payments and (3) comply with all provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, local bankruptcy rules, the Procedures Order and this order. Failure to do so may result (depending on the circumstances) in dismissal of the case with or without a bar to re-filing pursuant to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.


    5. Yearly Reports. Once a year, for any year in which the Debtors were required to make any Direct Payments, the Debtors shall file and serve a cumulative report regarding Direct Payments. The report shall be filed each January. So, for example, if the Debtors are required to make any Direct Payments at any time in 2021, then between January 1, 2022 and January 31, 2022, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2021. Likewise, if the Debtors are required to make any Direct Payments at any time in 2022, then between January 1, 2023 and January 31, 2023, the Debtors shall file a cumulative report regarding all Direct Payments made during the case for the period from the petition date to December 31, 2022. Thereafter, the Debtors shall continue to file such reports each January covering the entire post-petition period from the petition date to the December 31st preceding the January in which the report is filed until (a) entry of discharge, (b) conversion of this case to another chapter or (c) dismissal of this case. Each report shall include a declaration by the Debtors with a table stating whether and when the Debtors made all Direct Payments. The table in the declaration should include dates of each payment, amounts of each payment and the payee of each payment. Appropriate legible backup documentation should be attached to the declaration which demonstrates all payments were made. Each time the Debtors make Direct Payments they should retain copies of the checks or other instruments used to make

      2:30 PM

      CONT...


      Maria Del Rosario Jimenez


      Chapter 13

      the payments in order to attach such backup documentation to the annual declaration. The annual declaration shall be filed with the Court no later than January 31st each year and served on the Trustee by the same date. No annual declaration or other pleading is required for any year in which the Debtors were not required to make any Direct Payments.


    6. If the Debtors later seek to convert this case to another chapter or to dismiss this case or to file a motion to modify the Plan in order to suspend, reduce or modify payments under the Plan (such as Direct Payments, payments to the Trustee or any other Plan obligations), the Court hereby sets a deadline for doing so. The deadline for seeking to dismiss or convert this case or to file the motion to modify the Plan is twenty-eight days after the due date for the first monthly payment to the Trustee, Direct Payment, mortgage payment, lease obligation or other Plan obligation that the Debtors fail to pay timely. In other words, the deadline to seek conversion or dismissal of this case or modification of the Plan is twenty-eight days after the first default under the terms of the Plan, the local rules or other applicable law.

Party Information

Debtor(s):

Maria Del Rosario Jimenez Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-17950


Maria Del Rosario Jimenez


Chapter 13


#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-27-21


Docket 1


Tentative Ruling:

All hearings today will occur by video using Zoom (not CourtCall). No appearances by debtors are required today but attorneys for debtors do need to appear.


Courtroom 304 does not have the equipment to facilitate appearances simultaneously by video and in person. Therefore, even though Judge Johnson’s courtroom is now open for in-person hearings on all other matters, in-person hearings will not be possible for hearings today because of the use of Zoom today. So, for today only, no appearances will be possible in the courtroom. Counsel should attend the hearings by video using the following information:


Meeting URL: https://cacb.zoomgov.com/j/1609676413 Meeting ID: 160 967 6413

Password: 128958


Based on the agreement of the parties, the Court intends to enter an order confirming the chapter 13 plan proposed in this case using the agreed terms. Counsel must appear at the confirmation hearing to approve the terms of confirmation and the confirmation order but debtors need not appear. Likewise, the debtors need not appear for the status conference (but counsel should appear). Instead, the status conference will be continued and conducted with the debtors on another date (most likely by video). Appearances by special counsel (for debtors) are permissible today for both the confirmation hearing and the status conference. Whoever appears for the debtors must review the proposed terms of the confirmation order prior to the hearing and be prepared to approve the form of the confirmation order at the hearing.

Party Information

2:30 PM

CONT...

Debtor(s):


Maria Del Rosario Jimenez


Chapter 13

Maria Del Rosario Jimenez Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-18078


Michelle Renee Maria Andrade


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


FROM: 2-10-21


Docket 2

*** VACATED *** REASON: CASE DISMISSED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-18078


Michelle Renee Maria Andrade


Chapter 13


#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-27-21

Docket 1

*** VACATED *** REASON: CASE DISMISSED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:21-10227


Christian Santos Rivera


Chapter 7


#1.00 Hrg re reaffirmation agreement filed 2-28-21 between Debtor and Toyota Motor Credit Corporation in the amount of $22,885.82


RE: 2020 Toyota Corolla FROM: 4-8-21


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christian Santos Rivera Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

8:30 AM

6:21-10344


Shawn Macky Edward Loaiza


Chapter 7


#2.00 Hrg re reaffirmation agreement filed 2-19-21 between Debtor and Toyota Motor Credit Corporation in the amount of $24,915.61


RE: 2020 Toyota Corolla FROM: 4-8-21

Docket 11

*** VACATED *** REASON: CASE DISMISSED 4-7-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shawn Macky Edward Loaiza Pro Se

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-14160


Gilbert C Ramirez, Jr. and Patricia M Ramirez


Chapter 7


#3.00 Motion for relief from stay


AJAX MORTGAGE VS DEBTORS


Property: 26302 Monroe Street, Thermal, CA 92274 [Real Property] Reilly D. Wilkinson, attorney/movant


FROM: 4-8-21


Docket 94

*** VACATED *** REASON: ORDER CONT ENTERED 5-10-21; CONT'D TO 7-1-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gilbert C Ramirez Jr. Represented By Leonard J Cravens

Joint Debtor(s):

Patricia M Ramirez Represented By Leonard J Cravens

Movant(s):

Ajax Mortgage Loan Trust 2019-E, Represented By

Joshua L Scheer Reilly D Wilkinson

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros Todd A Frealy

11:00 AM

6:21-10444


Mark Matthew Towle


Chapter 7


#4.00 Motion for relief from stay McPHERSON RANE VS DE DEBTOR

Property: Superior Court Docket # BC690858

[Non Bk Forum] Edwin F. McPherson, attorney/movant FROM: 4-8-21


Docket 11

*** VACATED *** REASON: NTC OF WITHDRAWAL FILED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Matthew Towle Represented By Kathleen P March

Movant(s):

McPherson Rane LLP Represented By

Edwin F McPherson

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:15-18688


Manuel Moreno


Chapter 13

Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC


#5.00 Status conference re: Complaint to avoid junior lien [Property: 11364 Azure CT, Fontana, CA 92337] FROM: S/C 2-11-21

Docket 1

*** VACATED *** REASON: DEFAULT JUDGMENT ENTERED 2-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Moreno Represented By James P Doan

Defendant(s):

Mirabella Investments Group, LLC Pro Se

Joint Debtor(s):

Sheryl Moreno Represented By James P Doan

Plaintiff(s):

Sheryl Moreno Represented By Jonathan D Doan

Manuel Moreno Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:17-14073


James Anthony Rojas


Chapter 7

Adv#: 6:20-01160 Tran v. Rojas


#6.00 Status conference re: Complaint for determination of nondischargeability of debt FROM: S/C 12-3-20, 2-11-21, 3-11-21, 4-15-21

Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 5-10-21; CONT'D TO 6-17-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Anthony Rojas Represented By Rhonda Walker

Defendant(s):

James Anthony Rojas Pro Se

Plaintiff(s):

San Tran Represented By

Joshua R Engle

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:30 PM

6:18-12531


Jason Scott Hukill


Chapter 7

Adv#: 6:20-01033 Cisneros v. ConocoPhillips Corporation et al


#7.00 Status conference re: Complaint (1) Declaratory relief; (2) Revoking the Jason Scott Hukill Trust UTA dated January 20, 2013; and (3) Turnover of property of the estate and written accounting


FROM: S/C 6-11-20, 11-19-20, 2-25-21


Docket 1

*** VACATED *** REASON: ADVERSARY DISMISSED 5-5-21

Tentative Ruling:

Party Information

Debtor(s):

Jason Scott Hukill Pro Se

Defendant(s):

ConocoPhillips Corporation Represented By Micheal W Bishop

Crescent Point Energy U.S. Corp. Represented By

Benjamin B Strawn

Halcon Resources Corporation Pro Se

Battalion Oil Corporation Pro Se ONEOK Rockies Midstream, LLC Pro Se Whiting Petroleum Corporation Pro Se

The Jason Scott Hukill Trust u/t/a Pro Se

Plaintiff(s):

Arturo M. Cisneros Represented By Thomas H Casey

1:30 PM

CONT...

Trustee(s):


Jason Scott Hukill


Chapter 7

Arturo Cisneros (TR) Represented By Thomas H Casey

1:30 PM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:20-01029 Bui et al v. Shih et al


#8.00 Pre-Trial conference re: Complaint for: (1) Breach of fiduciary duty; ( 2) Conversion and (3) Avoidance and recovery of intentional fraudulent


FROM: S /C 6-11-20, 8-6-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vario Corp. Represented By

Michael Y Lo

Defendant(s):

Eva Shih Pro Se

Tammy Hsieh Represented By Robert C Hsu

Louie Chang Pro Se

Carl Chen Pro Se

Kuei Mei Kuo Pro Se

Centenary Development Corp., Inc. Pro Se Rona Global Inc., A California Pro Se Mix and Match, LLC, a Washington Pro Se Bright Yard Living Corp., a Texas Pro Se

Plaintiff(s):

Lynda Bui Represented By

1:30 PM

CONT...


Vario Corp.


Leonard M. Shulman Elmer D Martin III Ryan O'Dea


Chapter 7

East West Bank Represented By Elmer D Martin III Clifford P Jung Curtis C. Jung

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea

1:30 PM

6:19-16968


Leon Richard Mays


Chapter 7

Adv#: 6:19-01150 Meng et al v. Mays et al


#9.00 Status conference re complaint to determine non dischargeability of debt FROM: S/C 1-16-20, P/T 9-24-20, 11-17-20, 12-3-20

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-10- 21; CONT'D TO 7-1-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Leon Richard Mays Represented By

W. Derek May

Defendant(s):

Leon Richard Mays Represented By Baruch C Cohen

Darryl W Daniels Represented By Baruch C Cohen

Joint Debtor(s):

Darryl W Daniels Represented By

W. Derek May

Plaintiff(s):

Vivian Meng Represented By

Christopher J Langley Michael Smith

Heidi M Cheng

Richard Meng Represented By Christopher J Langley

1:30 PM

CONT...


Trustee(s):


Leon Richard Mays


Michael Smith Heidi M Cheng


Chapter 7

Karl T Anderson (TR) Represented By Tinho Mang

Richard A Marshack Chad V Haes

1:30 PM

6:19-18467


Romulo Loera


Chapter 7

Adv#: 6:20-01144 Simons v. Loera


#10.00 Pre-Trial conference re: Complaint to avoid and recover fraudulent transfer for the benefit of the estate


FROM: S/C 12-3-20


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-30- 21; CONT'D TO 8-19-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Romulo Loera Represented By Douglas A. Crowder

Defendant(s):

Maria Loera Represented By

Susan Jill Wolf

Plaintiff(s):

Larry D Simons Represented By Tamar Terzian

Trustee(s):

Larry D Simons (TR) Represented By David Seror

1:30 PM

6:20-11199


Laura Elsa Aguilar-Recendez


Chapter 7

Adv#: 6:20-01183 Daff v. Avilez


#11.00 Status conference re: (1) Avoidance of interentional fraudulent transfers and recovery of same; (2) Avoidance of constructive fraudulent transfers and recovery of same; (3) Imposition of constructive trust or resulting trust; (4) Unjust enrichment; (5) Declaration relief; (6) Turnover of property of the estate; and (7) Disallowance of claims


FROM: S/C 2-11-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-25- 21; CONT'D TO 6-17-21 AT 3:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura Elsa Aguilar-Recendez Represented By Marcella Lucente

Defendant(s):

Elsa Avilez Represented By

William E Krall

Plaintiff(s):

Charles W. Daff Represented By Brandon J Iskander

Trustee(s):

Charles W Daff (TR) Represented By Brandon J Iskander

1:30 PM

6:20-11537


Asif Aziz


Chapter 7

Adv#: 6:20-01108 NextGear Capital v. Aziz


#12.00 Pre-Trial conference: re complaint to determine dischargeability of debt FROM: S/C 9-3-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Asif Aziz Represented By

Dominic Afzali

Defendant(s):

Asif Aziz Represented By

Dominic Afzali Matthew Abbasi

Plaintiff(s):

NextGear Capital Represented By

Tom Roddy Normandin

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#13.00 Hrg re objection to claim number 10 filed by Citibank N.A. FROM: 5-6-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21, 2-26-21


Docket 110

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21; CONT'D TO 6-3-21 AT 10:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Movant(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#14.00 Hrg re motion to avoid junior lien on principal residence or in the alternative application for entry of order nunc pro tunc on motion to avoid junior lien on principal residence upon Citibank N.A.


[Property: 4525 Center Ave., Norco, CA 92860]


FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21, 2-26-21


Docket 105

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 3-22- 21; CONT'D TO 6-3-21 AT 10:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Movant(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:11-16843


JOSE ALBERTO GUTIERREZ


Chapter 7


#15.00 Hrg re (1) Motion to reopen case and (2) For extension of time to file forms required for discharge


FROM: 6-30-20, 9-15-20, 11-17-20, 1-26-21, 5-23-21


Docket 22

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-12- 21; CONT'D TO 7-22-21 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

JOSE ALBERTO GUTIERREZ Represented By

James M Powell - DISBARRED - Giovanni Orantes

Movant(s):

JOSE ALBERTO GUTIERREZ Represented By

James M Powell - DISBARRED - Giovanni Orantes

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

3:00 PM

6:12-37113


Tamela Rochelle Cash-Curry


Chapter 13


#16.00 Hrg re motion to avoid lien with Equable Ascent Financial, LLC FROM: 2-24-21, 4-7-21


Docket 96

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-12- 21; CONT'D TO 7-22-21 AT 1:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tamela Rochelle Cash-Curry Represented By Andrew Moher

Movant(s):

Tamela Rochelle Cash-Curry Represented By Andrew Moher

Trustee(s):

Rod Danielson (TR) Pro Se

3:00 PM

6:18-16396


Leslie E. Tingley


Chapter 7


#17.00 Hrg re motion to reopen chapter 7 case


FROM: 6-24-20, 7-14-20, 10-6-20, 1-8-21, 1-15-21, 2-25-21


Docket 17

*** VACATED *** REASON: ORDER DENIED ENTERED 4-2-21

Tentative Ruling:

Party Information

Debtor(s):

Leslie E. Tingley Represented By Michael D Franco

Movant(s):

Leslie E. Tingley Represented By Michael D Franco Michael D Franco Michael D Franco Michael D Franco

Trustee(s):

Howard B Grobstein (TR) Pro Se

4:00 PM

6:15-14301

Jose Quines Yolo and Ameurfina Tolentino Yolo

Chapter 13

#18.00 Hrg re motion to continue case administration and appointment of Joahnna Yolo as the representative for deceased debtors and for waiver to complete financial management course due to death of both debtors

FROM: 11-18-20, 1-15-21, 2-26-21

Docket 75

Tentative Ruling:

Party Information

Debtor(s):

Jose Quines Yolo Represented By

Hasmik Jasmine Papian

Joint Debtor(s):

Ameurfina Tolentino Yolo Represented By

Hasmik Jasmine Papian

Movant(s):

Jose Quines Yolo Represented By

Hasmik Jasmine Papian Hasmik Jasmine Papian

Ameurfina Tolentino Yolo Represented By

Hasmik Jasmine Papian Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14171


Garfield Stephen Flowers


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 10-28-20, 2-8-21, 4-12-21


Docket 4

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Garfield Stephen Flowers Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14450

Christopher L. Lamperts and Cynthia L. Lamperts

Chapter 13

#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Christopher L. Lamperts Represented By

M. Wayne Tucker

Joint Debtor(s):

Cynthia L. Lamperts Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14452


Michelle Wendy Stern


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Michelle Wendy Stern Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14470

Alexander Spalla and Michelle Deschamp Spalla

Chapter 13

#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Alexander Spalla Represented By Andrew Nguyen

Joint Debtor(s):

Michelle Deschamp Spalla Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14553

Christopher Paul Kern and Nicole Kimberly Kern

Chapter 13

#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Christopher Paul Kern Represented By Paul Y Lee

Joint Debtor(s):

Nicole Kimberly Kern Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14574

Danny Ray Navarro and Antonette Rodriguez Navarro

Chapter 13

#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-12-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Danny Ray Navarro Represented By Paul Y Lee

Joint Debtor(s):

Antonette Rodriguez Navarro Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14607

Asdrubal Diaz

Chapter 13

#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Asdrubal Diaz Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14652

Lawrence Herman Grounds, Jr. and Julie Ann Grounds

Chapter 13

#8.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Lawrence Herman Grounds Jr. Represented By Dana Travis

Joint Debtor(s):

Julie Ann Grounds Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14809

Richard Wayne Wilcox and Judith Ann Wilcox

Chapter 13

#9.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Richard Wayne Wilcox Represented By Dana Travis

Joint Debtor(s):

Judith Ann Wilcox Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14846

Andre Jones, Jr. and Helena Mercedes Jones

Chapter 13

#10.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 8-19-20, 1-11-21, 4-12-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Andre Jones Jr. Represented By Kristin R Lamar

Joint Debtor(s):

Helena Mercedes Jones Represented By Kristin R Lamar

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-14927

Michelle M. LuVisi

Chapter 13

#11.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Michelle M. LuVisi Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15038

Joel Ronquillo Ramos and Ashley Nicole Ramos

Chapter 13

#12.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Joel Ronquillo Ramos Represented By Dana Travis

Joint Debtor(s):

Ashley Nicole Ramos Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15039

Pedro Michael Samaro and Yolanda Silva Samaro

Chapter 13

#13.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Pedro Michael Samaro Represented By Dana Travis

Joint Debtor(s):

Yolanda Silva Samaro Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15072

John Linares, Jr. and Yolanda Maria Linares

Chapter 13

#14.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

John Linares Jr. Represented By Joselina L Medrano

Joint Debtor(s):

Yolanda Maria Linares Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15109

Tracy Ann Davis

Chapter 13

#15.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-2-20, 1-11-21, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Tracy Ann Davis Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15286

Stephen David Head and Tamara Janice Head

Chapter 13

#16.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Stephen David Head Represented By Paul Y Lee

Joint Debtor(s):

Tamara Janice Head Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15335

Donald W. Mosley and Angela Mosley

Chapter 13

#17.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Donald W. Mosley Represented By Michael Smith

Joint Debtor(s):

Angela Mosley Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15346

Kevin E. Mitchell

Chapter 13

#18.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-16-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Kevin E. Mitchell Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15615

Thanh V Nguyen and Veronica Prado

Chapter 13

#19.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Thanh V Nguyen Represented By Daniel King

Joint Debtor(s):

Veronica Prado Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15623

Marcio A. Kubaski

Chapter 13

#20.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Marcio A. Kubaski Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15651

Aurea Elisa Bolt

Chapter 13

#21.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Aurea Elisa Bolt Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15661

Jose Jesus Nungaray

Chapter 13

#22.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 9-23-20, 1-11-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Jose Jesus Nungaray Represented By

L. Tegan Rodkey

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15748

Raphael Chavez Mesa, Jr.

Chapter 13

#23.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Raphael Chavez Mesa Jr. Represented By Edward G Topolski

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15875

Rose Ann Bomentre

Chapter 13

#24.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Rose Ann Bomentre Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15921

Joseph S Dews

Chapter 13

#25.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Joseph S Dews Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-15925

Richard Allen Rodgers and Judith Anne Rodgers

Chapter 13

#26.00 Hrg re status conference regarding confirmation of the chapter 13 plan 10-7-20, 2-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Richard Allen Rodgers Represented By Paul Y Lee

Joint Debtor(s):

Judith Anne Rodgers Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16043

Marilyn Lanzon Tan

Chapter 13

#27.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Marilyn Lanzon Tan Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16053

Jeff Chandler Smith and Ramona Crystal Smith

Chapter 13

#28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Jeff Chandler Smith Represented By Jeremiah D Raxter

Joint Debtor(s):

Ramona Crystal Smith Represented By Jeremiah D Raxter

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16109

Carla Ewelan

Chapter 13

#29.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-7-20, 2-8-21, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Carla Ewelan Represented By

Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16140

Jose Alejandro Contreras

Chapter 13

#30.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-21-20, 2-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Jose Alejandro Contreras Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16256

Chris Pagtakhan

Chapter 13

#31.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20, 2-8-21

Docket 0

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Chris Pagtakhan Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16289

Michael W Elmassian and Teresa Marie Corrente-

Chapter 13

#32.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20, 2-8-21

Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Michael W Elmassian Represented By Paul Y Lee

Joint Debtor(s):

Teresa Marie Corrente-Elmassian Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16316


Esmeralda Quezada Mejia


Chapter 13


#33.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 10-28-20, 2-8-21


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Esmeralda Quezada Mejia Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16813

Christian Adan Montoya and Iris Magana

Chapter 13

#34.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20, 3-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Christian Adan Montoya Represented By Paul Y Lee

Joint Debtor(s):

Iris Magana Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16875


Christopher Perez


Chapter 13


#35.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20, 3-8-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Christopher Perez Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16877

Hugh Alexander Duncan

Chapter 13

#36.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20, 3-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Hugh Alexander Duncan Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16914

David Lopez

Chapter 13

#37.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 11-18-20, 3-8-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

David Lopez Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-16974

Scott Curtis Pease and Joyce Carol Pease

Chapter 13

#38.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Scott Curtis Pease Represented By Paul Y Lee

Joint Debtor(s):

Joyce Carol Pease Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17009

Sheila Renee Spence

Chapter 13

#39.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Sheila Renee Spence Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17027

Patrick James Lyons

Chapter 13

#40.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-2-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 11:30 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Patrick James Lyons Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17159

Ruben E. Moreno, Jr and Stephanie M. Moreno

Chapter 13

#41.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Ruben E. Moreno Jr Represented By Christine A Kingston

Joint Debtor(s):

Stephanie M. Moreno Represented By Christine A Kingston

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17161

Elaine Pastrano

Chapter 13

#42.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-9-20, 4-21-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 10:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Elaine Pastrano Represented By Andy Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17325

Thomas David Cossalter

Chapter 13

#43.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 4:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Thomas David Cossalter Represented By Michael T Reid

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17350

Daniel Clay McMillin and Agatha Ann McMillin

Chapter 13

#44.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Daniel Clay McMillin Represented By

Rabin J Pournazarian

Joint Debtor(s):

Agatha Ann McMillin Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17369


Becky Lyn Hall


Chapter 13


#45.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20, 4-12-21


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Becky Lyn Hall Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17438

Angel Luis Pena, Jr. and Carmen Milagros Pena

Chapter 13

#46.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-16-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-8-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Angel Luis Pena Jr. Represented By Dana Travis

Joint Debtor(s):

Carmen Milagros Pena Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17481

Amy Lynn Goldenberg

Chapter 13

#47.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20, 4-12-21

Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-21- 21; CONT'D TO 9-9-21 AT 2:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Amy Lynn Goldenberg Represented By Sara E Razavi

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:20-17677

Yadira Sandra Santa Maria

Chapter 13

#48.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-30-20, 4-12-21

Docket 5

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-20- 21; CONT'D TO 9-9-21 AT 1:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Yadira Sandra Santa Maria Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19396

Richard D. Wotherspoon and Sotera R. Wotherspoon

Chapter 13

#49.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 12-4-19, 1-27-20, 3-16-20, 9-21-20, 11-10-20, 2-1-21

Docket 4

Tentative Ruling:

Party Information

Debtor(s):

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19396

Richard D. Wotherspoon and Sotera R. Wotherspoon

Chapter 13

#50.00 Hrg re order to show cause regarding dismissal of the case

Docket 72


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Richard D. Wotherspoon Represented By Sundee M Teeple

Joint Debtor(s):

Sotera R. Wotherspoon Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-20814


Jerry Lee Saylor and Gloria Jean Saylor


Chapter 13


#51.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 1-15-20, 1-15-20, 4-13-20, 7-27-20, 12-14-20, 2-1-21


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jerry Lee Saylor Represented By Neil R Hedtke

Joint Debtor(s):

Gloria Jean Saylor Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-20814


Jerry Lee Saylor and Gloria Jean Saylor


Chapter 13


#52.00 Hrg re order to show cause regarding dismissal of the case


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jerry Lee Saylor Represented By Neil R Hedtke

Joint Debtor(s):

Gloria Jean Saylor Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-11195


Daniel Alfred Vera, Jr.


Chapter 13


#53.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 3-25-20, 6-3-20, 7-29-20, 12-15-20, 2-1-21


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Alfred Vera Jr. Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-11195


Daniel Alfred Vera, Jr.


Chapter 13


#54.00 Hrg re order to show cause regarding dismissal of the case


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Alfred Vera Jr. Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-11742


Victoria Zopfi


Chapter 13


#55.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 4-8-20, 6-17-20, 7-29-20, 12-15-20, 2-1-21


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victoria Zopfi Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-11742


Victoria Zopfi


Chapter 13


#56.00 Hrg re order to show cause regarding dismissal of the case


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victoria Zopfi Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-12821


Sharon A Waddy


Chapter 13


#57.00 Hrg re status conference regarding confirmation of the chapter 13 FROM: 5-13-20, 6-10-20, 12-14-20, 2-1-21


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Sharon A Waddy Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-12821

Sharon A Waddy

Chapter 13

#58.00 Hrg re order to show cause regarding dismissal of the case

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sharon A Waddy Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13164


Shontae Hill


Chapter 13


#59.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-10-20, 6-24-20, 12-14-20, 1-4-21, 2-1-21


Docket 0


Tentative Ruling:


Party Information

Debtor(s):

Shontae Hill Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13164


Shontae Hill


Chapter 13


#60.00 Hrg re order to show cause regarding dismissal of the case


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shontae Hill Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13503


Gena Rae Munoz


Chapter 13


#61.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 2-14-20, 2-1-21


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Gena Rae Munoz Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13503

Gena Rae Munoz

Chapter 13

#62.00 Hrg re order to show cause regarding dismissal of the case

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gena Rae Munoz Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13574


Heather Lindsey Rodriguez


Chapter 13


#63.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-1-20, 7-15-20, 12-14-20, 2-1-21


Docket 2

Tentative Ruling:

Party Information

Debtor(s):

Heather Lindsey Rodriguez Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13574

Heather Lindsey Rodriguez

Chapter 13

#64.00 Hrg re order to show cause regarding dismissal of the case

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather Lindsey Rodriguez Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-14135


William Thomas Behrend, Jr. and Tina Marie Behrend


Chapter 13


#65.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-22-20, 8-5-20,12-15-20, 2-1-21


Docket 1

Tentative Ruling:

Party Information

Debtor(s):

William Thomas Behrend Jr. Represented By Christopher Hewitt

Joint Debtor(s):

Tina Marie Behrend Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-14135

William Thomas Behrend, Jr. and Tina Marie Behrend

Chapter 13

#66.00 Hrg re order to show cause regarding dismissal of the case


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

William Thomas Behrend Jr. Represented By Christopher Hewitt

Joint Debtor(s):

Tina Marie Behrend Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:12-26406


Maria Barajas


Chapter 7


#1.00 Hrg re motion to avoid lien with Department Store National Bank [Property: 29071 Willows Landing Dr., Sun City, CA 92585]


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Barajas Represented By Eric C Morris

Melissa A Raskey

Trustee(s):

Charles W Daff (TR) Pro Se

1:00 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#2.00 Hrg re motion for order approving compromise of controversy


Docket 165

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-17- 21; CONT'D TO 6-15-21 AT 1:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden

1:00 PM

6:16-20735


Barbara Jean Sleigh


Chapter 7


#3.00 Hrg re trustee's final report and applications for compensation


Docket 82

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for administering a case with only a small amount of non-exempt funds. Although the recovery to creditors is small, creditors would have received nothing but for the efforts of the trustee.


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $634.75 and expenses of $153.46.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Barbara Jean Sleigh Represented By Robert L Firth

1:00 PM

CONT...

Trustee(s):


Barbara Jean Sleigh


Chapter 7

Robert Whitmore (TR) Pro Se

1:00 PM

6:17-17472


Aguina Aguina


Chapter 7


#4.00 Hrg re chapter motion objecting to claims


Claim number 2 filed by Westover Law Group

Claim number 4 filed by Henry W. Shelton, Gary P. & Rebecca C. Buell, Charles

R. Hermansen Trustee, James M.& Betty J. Anderson Trustee Claim number 5 LA Cresta Property Owners Association Claim number 6 LA Cresta Property Owners Association Claim number 7 LA Cresta Property Owners Association Claim number 8 LA Cresta Property Owners Association Claim number 14 LA Cresta Property Owners Association


Docket 300


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the creditors, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006).

Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule

9013-1(j)(3). No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

1:00 PM

CONT...

Debtor(s):


Aguina Aguina


Chapter 7

Aguina Aguina Represented By

W. Derek May Melissa Davis Lowe

Trustee(s):

Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman

1:00 PM

6:18-10412


Lorena Liliana Molina-Lopez


Chapter 7


#5.00 Hrg re trustee's final report and applications for compensation


Docket 92

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $5,266.70 and expenses of $495.81;

  2. Malcolm & Cisneros: fees of $20,000 and expenses of $296.21; and

  3. Donald T. Fife: fees of $1,000.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

Debtor(s):

Lorena Liliana Molina-Lopez Represented By Gary S Saunders Baruch C Cohen

1:00 PM

CONT...

Trustee(s):


Lorena Liliana Molina-Lopez


Chapter 7

Arturo Cisneros (TR) Represented By William Malcolm Christina J Khil

1:00 PM

6:18-16326


Alta Home Care, Inc.


Chapter 7


#6.00 Hrg re trustee's final report and applications for compensation


Docket 119


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alta Home Care, Inc. Represented By Justin E Rawlins

Trustee(s):

Arturo Cisneros (TR) Represented By Leonard M Shulman Rika Kido

1:00 PM

6:19-12425


Donovan Ray Sebastian


Chapter 7


#7.00 Hrg re trustee's final report and applications for compensation


Docket 26

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee for administering a case with only a small amount of non-exempt funds. Although the recovery to creditors is small, creditors would have received nothing but for the efforts of the trustee. The trustee minimized administrative expenses and, in doing so, maximized the payments to creditors. Well done!


Pursuant to the trustee's final report, the following administrative claim will be allowed:


(1) Trustee: fees of $1,450 and expenses of $127.31.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

1:00 PM

CONT...

Debtor(s):


Donovan Ray Sebastian


Chapter 7

Donovan Ray Sebastian Represented By Daniel King

Trustee(s):

Robert Whitmore (TR) Pro Se

1:00 PM

6:19-17526


William David Robin and Janet Eileen Robin


Chapter 7


#8.00 Hrg re trustee's final report and applications for compensation


Docket 80

Tentative Ruling:

Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary.


The Court thanks the trustee and his professionals for their efforts in this case which produced sufficient assets to pay all claims in full. That is a rare and welcome outcome. Well done!


Pursuant to the trustee's final report, the following administrative claims will be allowed:


  1. Trustee: fees of $12,950.76;

  2. Marshack Hays LLP: fees of $18,733 and expenses of $295.77; and

  3. Grobstein Teeple LLP: fees of $2,971 and expenses of $39.20.


The trustee shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

1:00 PM

CONT...

Debtor(s):


William David Robin and Janet Eileen Robin


Chapter 7

William David Robin Represented By Kristin R Lamar

Joint Debtor(s):

Janet Eileen Robin Represented By Kristin R Lamar

Trustee(s):

Howard B Grobstein (TR) Represented By David Wood

Richard A Marshack

1:00 PM

6:20-13005


TTBGM, Inc


Chapter 7


#9.00 Hrg re motion for an order disallowing claims


Claim number 14 filed by Steve Cornaglia

Claim number 15 filed by Patrick & Pamela Courtney Claim number 16 filed by Richard Besone


FROM: 5-4-21


Docket 166

*** VACATED *** REASON: ORDER CONT ENTERED 5-7-21; CONT'D TO 6-15-21 AT 1:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

TTBGM, Inc Represented By

Thomas C Corcovelos

Trustee(s):

Arturo Cisneros (TR) Represented By Rika Kido

1:00 PM

6:20-16434


Rebecca Serrato


Chapter 7


#10.00 Hrg re application for order authorizing employment of Downtown L.A. Law Group as Special Litigation


Docket 20


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rebecca Serrato Represented By Sundee M Teeple

Trustee(s):

Lynda T. Bui (TR) Pro Se

1:00 PM

6:20-17506


Gary Outzen


Chapter 7


#11.00 Hrg re motion to quash subpoena and for a protective order for the title 2004 examination of Linda E. Bechtohold and compelling the production of documents


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gary Outzen Represented By

Todd L Turoci

Trustee(s):

Lynda T. Bui (TR) Represented By Melissa Davis Lowe

1:30 PM

6:16-16262


Michelle Arenas


Chapter 7


#12.00 Hrg re first interim application for award of compensation and reimbursement of expenses of Danning, Gill, Israel & Krasnoff, LLP as general counsel for chapter 7 trustee


FROM: 12-3-19, 11-17-20


Docket 80

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-17- 21; CONT'D TO 12-14-21 AT 1:30 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Michelle Arenas Pro Se

Trustee(s):

John P Pringle (TR) Represented By Aaron E de Leest Brad Krasnoff Sonia Singh

1:30 PM

6:18-11111


Universal Surveillance Systems, LLC


Chapter 7


#13.00 Hrg re first and final application for allowance of final fees by Fitzgerald & Mule LLP


Docket 472


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Universal Surveillance Systems, Represented By

Jeffrey I Golden

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C Tinho Mang

1:30 PM

6:18-11111


Universal Surveillance Systems, LLC


Chapter 7


#14.00 Hrg re application to employ FitzGerald & Mule LLP as special labor and employment counsel


FROM: 2-9-21


Docket 126


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Universal Surveillance Systems, Represented By

Jeffrey I Golden

Trustee(s):

Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C Tinho Mang

2:00 PM

6:21-11437


Jose Gaspar Trujillo


Chapter 13


#15.00 Hrg re motion for order compelling attorney to file disclosure of compensation


Docket 19

*** VACATED *** REASON: NTC OF VOLUNTARY DISISSAL FILED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Gaspar Trujillo Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11639


Loil Michael Petersen and Barbara Lianne Armstrong-


Chapter 13


#16.00 Hrg re motion for order imposing refiling bar


Docket 15


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the debtors and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to §§ 707(b)(3)(A), 349 and 105(a). The debtors are prohibited from filing another bankruptcy case for two years.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").


Party Information

2:00 PM

CONT...

Debtor(s):


Loil Michael Petersen and Barbara Lianne Armstrong-


Chapter 13

Loil Michael Petersen Pro Se

Joint Debtor(s):

Barbara Lianne Armstrong-Petersen Pro Se

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:30 PM

6:11-28399


Gina Marie Stafford


Chapter 7


#17.00 Hrg re motion to avoid lien with Citbank (South Dakota), N.A. [Property: 6576 Vianza Pl, Rancho Cucamonga, CA 91701] FROM: 4-6-21


Docket 0

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED 4-30-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gina Marie Stafford Represented By Matthew Donahue Keith Q Nguyen

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:30 PM

6:20-15791


Rocio Solache-Gil


Chapter 7


#18.00 Hrg re motion to avoid lien with Judgment Recovery Assistance, LLC [Property: 5800 Hammer Avenue, Spc 141, Mira Loma, CA 91752] FROM: 4-6-21


Docket 0


Tentative Ruling:

Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, creditors and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).

No appearance is necessary.


For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion.


Counsel for the moving party shall prepare and upload a proposed order after the date and time of the hearing but no later than seven days thereafter. See LBR

9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing ").

Party Information

Debtor(s):

Rocio Solache-Gil Represented By Jaime A Cuevas Jr.

2:30 PM

CONT...

Trustee(s):


Rocio Solache-Gil


Chapter 7

Karl T Anderson (TR) Pro Se

1:30 PM

6:21-11845


Francisco Medrano and Claudia Mercedes Medrano


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Francisco Medrano Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11859


Richard Vengco Bartolome and Maria Angelica Bartolome


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Vengco Bartolome Represented By Edward T Weber

Joint Debtor(s):

Maria Angelica Bartolome Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11972


Carolyn Moran Herrera


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carolyn Moran Herrera Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-11985


Larry Travis


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Larry Travis Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12076


Renee Lynda Moritz


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Renee Lynda Moritz Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-15648


Robert Girard Nolan


Chapter 13


#6.00 Hrg re trustee's motion to dismiss case regarding unreasonable delay


Docket 46

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-15- 21; ADVANCED FROM 5-19-21 TO 5-5-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Girard Nolan Represented By Yelena Gurevich

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-17979


Clifford Davis, Sr


Chapter 13


#6.01 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 49

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-11- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Clifford Davis Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11437


Jose Gaspar Trujillo


Chapter 13


#7.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-6-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Gaspar Trujillo Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11460


Dolores Marina Mendez


Chapter 13


#8.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dolores Marina Mendez Represented By Trang P Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11486


Anthony Gerard Figurski


Chapter 13


#9.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-8-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony Gerard Figurski II Pro Se

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:21-11520


Dawn Renee Tanner


Chapter 13


#10.00 Confirmation of Chapter 13 Plan


Docket 16

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dawn Renee Tanner Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11567


Shihal Howard


Chapter 13


#11.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shihal Howard Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11639


Loil Michael Petersen and Barbara Lianne Armstrong-


Chapter 13


#12.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-14-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Loil Michael Petersen Pro Se

Joint Debtor(s):

Barbara Lianne Armstrong-Petersen Pro Se

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

2:00 PM

6:21-11646


Kimberly M Voskeritchian


Chapter 13


#13.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kimberly M Voskeritchian Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11741


Lynnetta J Wright-Diaz


Chapter 13


#14.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lynnetta J Wright-Diaz Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11746


Allan Wagner


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-6-21; CONT'D TO 9-27-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Allan Wagner Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:20-15925


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13


#16.00 Hrg re objection to claim of County of San Bernrdino claim number 8 and motion for order disallowing claim


FROM: 11-18-20


Docket 28

Tentative Ruling:

Party Information

Debtor(s):

Richard Allen Rodgers Represented By Paul Y Lee

Joint Debtor(s):

Judith Anne Rodgers Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:15-20556

Antonio R Ulit, Jr.

Chapter 13

#16.01 Hrg re trustee's motion to dismiss regarding unreasonable delay FROM: 5-5-21

Docket 79

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Antonio R Ulit Jr. Represented By Gary J Holt

Trustee(s):

Rod Danielson (TR) Pro Se

2:15 PM

6:19-20115


Frederick Altamirano and Rebecca Ann Altamirano


Chapter 13


#16.02 Hrg re trustee's motion to dismiss case regarding delinquency


ADVANCED FROM 6-2-21


Docket 76

*** VACATED *** REASON: NTC OF DISMISSAL FILED 5-11-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Frederick Altamirano Represented By Todd L Turoci

Joint Debtor(s):

Rebecca Ann Altamirano Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:20-15346


Kevin E. Mitchell


Chapter 13


#17.00 Motion for relief stay


STANDER CONSUMER USA VS DEBTOR


Property: 2015 Kia Forte

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 52

*** VACATED *** REASON: ORDER ENTERED 5-13-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kevin E. Mitchell Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-11746


Allan Wagner


Chapter 13


#18.00 Motion for relief from stay JOHN A. DELISI VS DEBTOR

Property: E-Trade Financial Corporation/E-Trade Securities [Personal Prop] Ben-Thomas Hamilton, attorney/movant


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Allan Wagner Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:21-12076


Renee Lynda Moritz


Chapter 13


#19.00 Motion for relief from stay


R & D PROPERTIES VS DEBTOR


Property: 12340 Telephone Ave, Chino, CA 91710 [Real Prop] Thomas B. Ure, attorney/movant


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Renee Lynda Moritz Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:21-11193


Henry Olmos and Melissa-Ruth Allison Selvidge


Chapter 7


#1.00 Motion for relief from stay CARFINANCE CAPITAL VS DEBTOR

Property: 2013 Kia Sorento

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 12

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Henry Olmos Represented By

L. Tegan Rodkey

Joint Debtor(s):

Melissa-Ruth Allison Selvidge Represented By

L. Tegan Rodkey

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:21-11488


Daniel Alexander Ramos Constanza


Chapter 7


#2.00 Motion for relief from stay


NISSAN MOTOR ACCEPTANCE VS DEBTOR


Property: 2017 Nissan Pathfinder

[Personal Prop] Austin P. Nagel, attorney/movant


Docket 7

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Alexander Ramos Constanza Represented By

Kevin Tang

Movant(s):

Nissan Motor Acceptance Represented By Austin P Nagel

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11580


Tiarra Rae Laws


Chapter 7


#3.00 Motion for relief from stay


SANTANDER CONSUMER USA VS DEBTOR


Property: 2014 Dodge Grand Caravan [Personal Prop] Sheryl K. Ith, attorney/movant


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tiarra Rae Laws Represented By

Rabin J Pournazarian

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11908


Anel Felix Lopez


Chapter 7


#4.00 Motion for relief from stay


AMERICREDIT FINANCIAL SERVICES VS DEBTOR


Property: 2019 Chevrolet Trax

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-10- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anel Felix Lopez Represented By Marlin Branstetter

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Steven M Speier (TR) Pro Se

1:30 PM

6:15-14612


Reinier Santos Dela Cruz


Chapter 13

Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success


#5.00 Status conference re: Complaint to avoid junior lien on principal residence [Property: 574 Highland Court, Upland, CA 91786]

FROM: S/C 1-14-21, 4-22-21


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-13- 21

Tentative Ruling:

Party Information

Debtor(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Defendant(s):

Wilmington Trust, National Pro Se

Joint Debtor(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Plaintiff(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:15-14612


Reinier Santos Dela Cruz


Chapter 13

Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success


#6.00 Hrg re motion for default judgment


Docket 21

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-13- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Defendant(s):

Wilmington Trust, National Pro Se

Joint Debtor(s):

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Plaintiff(s):

Reinier Santos Dela Cruz Represented By

Hasmik Jasmine Papian

Joan Rongavilla Dela Cruz Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:16-13497


Dana Rae Burgess


Chapter 7


#1.00 Hrg re motion of chapter 7 trustee for order authorizing the use of property of the estate outside the ordinary course of business (1) For final distribution of claims


Docket 177

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-17- 21; CONT'D TO 6-15-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Rae Burgess Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden

1:00 PM

6:19-14960


John Michael Boyce and Tamra Sue Boyce


Chapter 7


#2.00 Hrg re trustee's final report and applications for compensation


Docket 104

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21; CONT'D TO 6-15-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Michael Boyce Pro Se

Joint Debtor(s):

Tamra Sue Boyce Pro Se

Trustee(s):

Larry D Simons (TR) Represented By David Wood Laila Masud

1:00 PM

6:20-17503


Pro Installs Appliance Installations, Inc.


Chapter 11


#3.00 Hrg re motion to withdraw as debtor's bankruptcy counsel


Docket 97

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED 5-19-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pro Installs Appliance Installations, Represented By

Michael Jay Berger

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

1:00 PM

6:21-10743


Mary Catherine Jones and Willie Jones, Jr.


Chapter 7


#4.00 Hrg re trustee's motion for order approving sale of real property [Property] 1453 Fernwood Dr., Redlands, CA 92374-5454]

Docket 20

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-21- 21; CONT'D TO 6-15-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary Catherine Jones Represented By Aaron Lloyd

Joint Debtor(s):

Willie Jones Jr. Represented By Aaron Lloyd

Trustee(s):

Robert Whitmore (TR) Pro Se

1:00 PM

6:21-11163


Rhonda Lynn Fletcher


Chapter 7


#5.00 Hrg re motion for redemption


Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21; CONT'D TO 6-15-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rhonda Lynn Fletcher Represented By Sundee M Teeple

Trustee(s):

Larry D Simons (TR) Pro Se

1:00 PM

6:21-10582


Hilario De La Cruz


Chapter 7


#6.00 Hrg re ex parte motion for extension of time to file motion to avoid lien


Docket 13

*** VACATED *** REASON: ORDER DENYIING MOTION ENTERED 5-19-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hilario De La Cruz Represented By Keith Q Nguyen

Trustee(s):

Charles W Daff (TR) Pro Se

1:30 PM

6:21-12132


Ricky Coburn


Chapter 13


#1.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ricky Coburn Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12153


Ella Mae Boykin


Chapter 13


#2.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 5-4-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ella Mae Boykin Represented By Robert J Spitz

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12293


Kathleen Virginia Clark


Chapter 13


#3.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kathleen Virginia Clark Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12296


Sonya Yvonne Wright


Chapter 13


#4.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sonya Yvonne Wright Represented By Timothy S Huyck

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12315


David Scott Mehrtens


Chapter 13


#5.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David Scott Mehrtens Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

1:30 PM

6:21-12379


Donald Raymond Shippy


Chapter 13


#6.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald Raymond Shippy Represented By Todd L Turoci

1:30 PM

6:21-12411


Luis Jesus Estrada


Chapter 13


#7.00 Hrg re status conference regarding confirmation of the chapter 13 plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-18- 21; CONT'D TO 10-25-21 AT 1:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luis Jesus Estrada Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-17680


Michelle Buoniconti


Chapter 13


#8.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: NTC OF VOLUNTARY DISMISSAL FILED 5-19-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Buoniconti Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-19073


Ramiro Jimenez


Chapter 13


#9.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 117

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramiro Jimenez Represented By

L. Tegan Rodkey

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-11308


Willetta Harmon Williams


Chapter 13


#10.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 75

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Willetta Harmon Williams Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-15085


Cicely Ann Biggers


Chapter 13


#11.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 120

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cicely Ann Biggers Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-16221


Joel R. Lozano and Yolanda Nava Lozano


Chapter 13


#12.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 38

*** VACATED *** REASON: CASE DISMISSED 5-20-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joel R. Lozano Represented By Todd L Turoci

Joint Debtor(s):

Yolanda Nava Lozano Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-20115


Frederick Altamirano and Rebecca Ann Altamirano


Chapter 13


#13.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 76

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-11- 21; HEARING ADVANCED TO 5-19-21 AT 2:15 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Frederick Altamirano Represented By Todd L Turoci

Joint Debtor(s):

Rebecca Ann Altamirano Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-15925


Richard Allen Rodgers and Judith Anne Rodgers


Chapter 13


#14.00 Hrg re trustee's motion to dismiss case regarding delinquency


Docket 54

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-20- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Allen Rodgers Represented By Paul Y Lee

Joint Debtor(s):

Judith Anne Rodgers Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11828


J Anthony Bakaleinikoff, II


Chapter 13


#15.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-22-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

J Anthony Bakaleinikoff II Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11845


Francisco Medrano and Claudia Mercedes Medrano


Chapter 13


#16.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Francisco Medrano Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Claudia Mercedes Medrano Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11859


Richard Bartolome and Maria Angelica Bartolome


Chapter 13


#17.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Bartolome Represented By Edward T Weber

Joint Debtor(s):

Maria Angelica Bartolome Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11891


Louis R Fernandez, Jr


Chapter 13


#18.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-26-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Louis R Fernandez Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11961


Maximino Fragroso


Chapter 13


#19.00 Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: CASE DISMISSED 4-28-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maximino Fragroso Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11972


Carolyn Moran Herrera


Chapter 13


#20.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carolyn Moran Herrera Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-11985


Larry Travis


Chapter 13


#21.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Larry Travis Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:21-12076


Renee Lynda Moritz


Chapter 13


#22.00 Confirmation of Chapter 13 Plan


Docket 2

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 4-19- 21; CONT'D TO 9-27-21 AT 2:30 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Renee Lynda Moritz Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

2:30 PM

6:16-18384


Beverly Mary Langdon


Chapter 13


#23.00 Motion for relief from stay


REVERSE MORTGAGE FUNDING VS DEBTOR


Property: 31242 Orange Avenue, Nuevo, CA 92567 [Real Prop] Eric Enciso, attorney/movant


Docket 62

*** VACATED *** REASON: ORDER DENYING MOTION ENTERE4D 6-1-21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Beverly Mary Langdon Represented By Summer M Shaw

Movant(s):

Reverse Mortgage Funding LLC Represented By

Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

8:30 AM

6:21-10859


Jamaal Anthony Lamb


Chapter 7


#1.00 Hrg re reaffirmation agreement filed 4-30-21 between Debtor and Capital One Finance in the amount of $20,103.21


RE: 2018 Dodge Truck Ram 1500 Pickup Crew Cab Tradesman


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jamaal Anthony Lamb Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:20-17896


Power Up Enterprises, Incorporated


Chapter 7


#2.00 Motion for relief from stay ALLY BANK VS DEBTOR

Property: 2017 Ford F550

[Personal Prop] Josephine E. Salmon, attorney/movant


Docket 11

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Power Up Enterprises, Incorporated Represented By

Harris L Cohen

Movant(s):

Ally Bank Represented By

Josephine E Salmon

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:21-10830


Katherine Lisseth Moran Alfaro


Chapter 7


#3.00 Motion for relief from stay

U.S. BANK NATIONAL VS DEBTOR Property: 2019 Chevrolet Truck Equinox 2WD

[Personal Prop] Robert P. Zahradka, attorney/movant


Docket 9

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Katherine Lisseth Moran Alfaro Represented By Francis Guilardi

Movant(s):

U.S. Bank National Association Represented By Robert P Zahradka

Trustee(s):

Lynda T. Bui (TR) Pro Se

10:00 AM

6:21-11188


STEVEN ANDREW MURRAY and KAREN MYRLEEN


Chapter 7


#4.00 Motion for relief from stay


DEUTSCHE BANK NATIONAL TRUST VS DEBTORS


Property: 9151 Hamilton Street, Rancho Cucamonga, CA 91701 [Real Prop] Eric Enciso, attorney/movant


Docket 17

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

STEVEN ANDREW MURRAY Represented By

Terrence Fantauzzi

Joint Debtor(s):

KAREN MYRLEEN LEWIS- Represented By Terrence Fantauzzi

Movant(s):

DEUTSCHEBANK NATIONAL Represented By

Sean C Ferry Eric P Enciso

Trustee(s):

Todd A. Frealy (TR) Pro Se

10:00 AM

6:21-11194


Amy C. Rebelo


Chapter 7


#5.00 Motion for relief from stay ALLY BANK VS DEBTOR

Property: 2016 Dodge Journey SE Utility 4D [Personal Prop] Marjorie M. Johnson, attorney/movant


Docket 14

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-24- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Amy C. Rebelo Represented By Renee Nasiri

Movant(s):

Ally Bank Represented By

Marjorie M Johnson

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:21-12091


Taran D. J. Hines


Chapter 7


#6.00 Motion for relief from stay EXETER FINANCE VS DEBTOR

Property: 2019 Toyota Yaris

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 10

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-21- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Taran D. J. Hines Represented By

James D. Hornbuckle

Movant(s):

Exeter Finance LLC Represented By Sheryl K Ith

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:21-12174


Raenell D. Clyburn


Chapter 7


#7.00 Motion for relief from stay


HYUNDAI MOTOR FINANCE VS DEBTOR


Property: 2019 HYUNDAI Sonata

[Personal Prop] Sheryl K. Ith, attorney/movant


Docket 8

*** VACATED *** REASON: SCHEDULING ORDER ENTERED 5-21- 21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Raenell D. Clyburn Represented By Joselina L Medrano

Movant(s):

Hyundai Motor Finance Company Represented By

Sheryl K Ith

Trustee(s):

Howard B Grobstein (TR) Pro Se

10:30 AM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#8.00 Hrg re objection to claim number 10 filed by Citibank N.A.


FROM: 5-6-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21, 2-26-21, 5-13-21


Docket 110

*** VACATED *** REASON: ORDER CONT ENTERED 5-3-21; CONT'D TO 9-2-21 AT 11:00 A.M.

Tentative Ruling:

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

10:30 AM

6:10-16163

Lawrence Eugene Forester

Chapter 13

Adv#: 6:21-01032 Forester et al v. CITIBANK N.A.

#9.00 Status conference re: Complaint to avoid lien of Citibank, N.A on principal resident, disallow all claims, pay creditor nothing and discharge all obligation to Citibank, N.A.

Docket 1

*** VACATED *** REASON: ORDER CONT ENTERED 5-3-21; CONT'D TO 9-2-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Defendant(s):

CITIBANK N.A. Pro Se

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Plaintiff(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Lawrence Eugene Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

10:30 AM

6:10-16163


Lawrence Eugene Forester and Vicki Lovell Forester


Chapter 13


#10.00 Hrg re motion to avoid junior lien on principal residence or in the alternative application for entry of order nunc pro tunc on motion to avoid junior lien on principal residence upon Citibank N.A.


[Property: 4525 Center Ave., Norco, CA 92860]


FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21, 2-26-21, 5-13-21


Docket 105

*** VACATED *** REASON: ORDER CONT ENTERED 5-3-21; CONT'D TO 9-2-21 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Eugene Forester Represented By Andrew S Bisom

Joint Debtor(s):

Vicki Lovell Forester Represented By Andrew S Bisom

Trustee(s):

Rod (WJ) Danielson (TR) Pro Se

10:30 AM

6:18-19730


Vario Corp.


Chapter 7

Adv#: 6:21-01038 Bui et al v. TVT 2.0, LLC, a Utah Limited Liability Company et


#11.00 Status conference re: Compliant for (1) Declaratory relief; 2. Avoidance of preferential transfers preferential transfers pursuant to 11 U.S.C. §

547; (3) Avoidance of lien and equitable subordination pursuant to 11 U.S.C. § 510(c); (4) Avoidance and preservation of claims pursuant to 11 U.S.C. §§ 502, 506, 544, and 510(c); (5) Avoidance of fraudulent transfer pursuant to 11 U.S.C.

§ 548; (6) Avoidance of fraudulent transfer pursuant to 11 U.S.C. §§ 544 and 548; (7) Usury and unjust enrichment /disgorgement; (8) Injunction; (9)

Determination of liens pursuant to 11 U.S.C. §§ 502, 506 and 551; (10) Racketeering (18 U.S.C. §1962); (11) Unconscionability; (12) Violation of N.Y GEN. OB., banking and penal law; (13) Violation of California business and professions code section 17200; (14) Fraud; (15) Negligence pre se se-violation of California finance lending law (16) Conversion; (17) Responsible corporate officer; (18) Tortious violation of statutes (19) Conspiracy; (20) Aiding and abetting


Docket 1


Tentative Ruling:

Party Information

Debtor(s):

Keith Fairbrother Represented By

Dennis A Rasmussen

Trustee(s):

Rod Danielson (TR) Pro Se