10:30 AM
Docket 2
Debtor(s):
Jose Luis Pulido Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 1
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
Docket 2
Debtor(s):
Beatriz Banuelos Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
Debtor(s):
Marie Scott Represented By
Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Dawn Lynn Menge Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
Debtor(s):
Ponce Deleon Overton Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
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
12:00 PM
Docket 2
Debtor(s):
William Albert Hoffman Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
Debtor(s):
Estevan Rodriguez Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
Debtor(s):
Brandy Castanon Medina Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
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
12:00 PM
Docket 2
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
1:30 PM
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Robert Charles Boardman Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
William Albert Hoffman Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
Debtor(s):
Estevan Rodriguez Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
Debtor(s):
Brandy Castanon Medina Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
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
Docket 2
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
Docket 1
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
Docket 2
Debtor(s):
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
Docket 2
Debtor(s):
Rachiel R Jones Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 2
Debtor(s):
David Charles Wargnier Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 2
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
Docket 2
Debtor(s):
Viola D Peoples Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
Debtor(s):
Tatanisha Juandalynn Player Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
Debtor(s):
John Anthony Espejo Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
Debtor(s):
Melvin Ferido Austria Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
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
Docket 2
Debtor(s):
Denise Cuevas Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
Debtor(s):
Debra Ann Karr Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 0
Debtor(s):
Jeffrey Lynn Booth Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 0
Debtor(s):
Shontae Hill Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Adv#: 6:20-01167 Bui et al v. ML Factors Funding LLC et al
Docket 1
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
Plaintiff(s):
Lynda Bui Represented By
Ryan D O'Dea Elmer D Martin III Leonard M Shulman
10:30 AM
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
Adv#: 6:20-01164 A. Cisneros, Chapter 7 Trustee v. Garland
Docket 1
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
Adv#: 6:20-01165 A. Cisneros, Chapter 7 Trustee v. Paradyme Funding, Inc., a California
Docket 1
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
[Property: 4525 Center Ave., Norco, CA 92860] FROM: 3-4-20, 4-22-20, 7-24-20, 10-23-20
Docket 105
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
Docket 110
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
Docket 17
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
1:30 PM
FROM: 8-19-20
Docket 1
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
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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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
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
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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.
Interlineations:
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
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Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
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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.
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.
Debtor(s):
Christopher L. Lamperts Represented By
M. Wayne Tucker
Joint Debtor(s):
Cynthia L. Lamperts Represented By
M. Wayne Tucker
1:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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.
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
FROM: 8-19-20
Docket 2
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
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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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such
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creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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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).
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.
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).
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
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to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.
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.
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.
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Debtor(s):
Michelle Wendy Stern Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Michelle Wendy Stern Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 8-19-20
Docket 2
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
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
Additional provisions:
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions
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governing post-confirmation matters.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
As used in this order, the term "Direct Payments" means (i) all
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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.
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).
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.
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
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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.
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.
Debtor(s):
Alexander Spalla Represented By Andrew Nguyen
Joint Debtor(s):
Michelle Deschamp Spalla Represented By
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Trustee(s):
Andrew Nguyen
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
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
FROM: 8-19-20
Docket 2
- NONE LISTED -
Debtor(s):
Ryan Eli Represented By
Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Ryan Eli Represented By
Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 8-19-20
Docket 2
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
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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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
The Trustee shall pay the secured claim of the Internal Revenue
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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.
Gross income over $100,000 is pledged to the Plan, less tax deductions.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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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).
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.
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).
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
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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.
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.
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
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default under the terms of the Plan, the local rules or other applicable law.
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
Docket 2
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.
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
FROM: 8-19-20
Docket 2
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
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("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:
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)
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the percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
The Trustee shall pay the secured claim of Specialized Loan Servicing in the amount of $5,491.41 at a rate no less than
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$91.52 per month for 60 months.
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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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.
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
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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).
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.
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
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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.
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.
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
Docket 2
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.
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
FROM: 8-19-20
Docket 1
- NONE LISTED -
Debtor(s):
Tritia LaJoyce Humphries Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Tritia LaJoyce Humphries Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 8-19-20
Docket 14
- NONE LISTED -
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
Docket 1
- NONE LISTED -
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
FROM: 9-2-20
Docket 0
- NONE LISTED -
Debtor(s):
Asdrubal Diaz Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Asdrubal Diaz Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 9-2-20
Docket 2
- NONE LISTED -
Debtor(s):
Selena Hoa Tran Represented By Tina H Trinh
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Selena Hoa Tran Represented By Tina H Trinh
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 9-2-20
Docket 2
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
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("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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
The Trustee shall pay the secured claim of Schools First
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Federal Credit Union in the amount of $41,278.42 at a rate no
less than $760.20 per month for 60 months with interest at the rate of 4% per annum.
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.
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.
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.
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.
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.
Additional provisions:
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.
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No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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
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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.
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).
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.
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
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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.
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.
Debtor(s):
Lawrence Herman Grounds Jr. Represented By Dana Travis
Joint Debtor(s):
Julie Ann Grounds Represented By Dana Travis
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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.
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
FROM: 9-2-20
Docket 2
- NONE LISTED -
Debtor(s):
Kathryn Hemstreet Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Kathryn Hemstreet Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 9-2-20
Docket 0
- NONE LISTED -
Debtor(s):
Melissa Ann Santa Maria Antonucci Represented By
Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Melissa Ann Santa Maria Antonucci Represented By
Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 9-2-20
Docket 2
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
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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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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).
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(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.
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.
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.
Interlineations:
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.
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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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
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The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
If the Debtors later seek to convert this case to another chapter or to
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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.
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
Docket 2
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.
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
FROM: 9-2-20
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 9-2-20
Docket 0
- NONE LISTED -
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
Docket 1
- NONE LISTED -
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
FROM: 9-2-20
Docket 17
- NONE LISTED -
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
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
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
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.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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All payments for the automobile loan for the 2015 Honda Civic in the
approximate amount of $361.88 per month. (Creditor: American Honda Finance).
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.
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).
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.
Yearly Reports. Once a year, the Debtors shall file and serve a
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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.
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.
Debtor(s):
Michelle M. LuVisi Represented By Joselina L Medrano
2:31 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
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.
Debtor(s):
Michelle M. LuVisi Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Alma Rosa Amaya Represented By William J Smyth Stephen S Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Alma Rosa Amaya Represented By William J Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 5
- NONE LISTED -
Debtor(s):
Rudy B Reyes Represented By Anthony Wilaras
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 0
- NONE LISTED -
Debtor(s):
Rudy B Reyes Represented By Anthony Wilaras
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Theresa K. Rosenveldt Represented By
W. Derek May
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Theresa K. Rosenveldt Represented By
W. Derek May
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Joseph Maestas Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Joseph Maestas Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Althaea Flicek Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Althaea Flicek Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 9-16-20
Docket 2
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
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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All payments for the automobile loan for the 2017 BMW 320i in the
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).
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.
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).
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
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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.
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.
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
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default under the terms of the Plan, the local rules or other applicable law.
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
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Docket 2
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.
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
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FROM: 9-16-20
Docket 2
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
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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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
Additional provisions:
Any and all provisions in the Plan purporting to avoid, extinguish,
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
The Procedures Order shall continue to apply in this case. Debtors and counsel should review the Procedures Order again and, in particular, the provisions
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governing post-confirmation matters.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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
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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.
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).
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.
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,
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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.
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.
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
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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.
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
Docket 2
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.
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
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FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Sheila Renee Spence Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Sheila Renee Spence Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 6
- NONE LISTED -
Debtor(s):
Karl Anthony Kunak Represented By Aaron Lloyd
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 1
- NONE LISTED -
Debtor(s):
Karl Anthony Kunak Represented By Aaron Lloyd
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
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
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
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.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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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.
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.
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.
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
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Docket 2
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.
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
FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Tracy Ann Davis Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Tracy Ann Davis Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Victoria Yvonne Becerra Represented By Laleh Ensafi
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 1
- NONE LISTED -
Debtor(s):
Victoria Yvonne Becerra Represented By Laleh Ensafi
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Gerald Lynn Pryor Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Gerald Lynn Pryor Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:31 PM
FROM: 9-16-20
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 9-23-20
Docket 2
- NONE LISTED -
Debtor(s):
Henry John Citarella Represented By Christopher P Walker
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Henry John Citarella Represented By Christopher P Walker
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
FROM: 9-23-20
Docket 2
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
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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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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).
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(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.
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.
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.
Interlineations:
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.
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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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and
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shall not apply in this case.
Direct Payments and Related Matters
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.
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.
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
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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).
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.
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
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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.
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.
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
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Docket 2
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.
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
FROM: 9-23-20
Docket 0
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
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("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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
The Trustee shall pay the secured claim of the Law Offices of
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Clark Garen in the amount of $2,189 at a rate no less than
$40.31 per month for 60 months with interest at the rate of 4% per annum.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
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The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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.
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.
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,
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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).
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.
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
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year and served on the Trustee by the same date.
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.
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
Docket 2
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.
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
FROM: 9-23-20
Docket 2
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
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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:
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
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percentage to general unsecured creditors (as well as payment in full of all senior claims), whichever is greater.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
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
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month for 60 months.
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.
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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
Any and all provisions in the Plan purporting to immediately discharge
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any debts are hereby disapproved. Debts may only be discharged by further court order.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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
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an approved form by the judges of this district on June 1, 2012.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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
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Payments are paid during the case.
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).
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.
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
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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.
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.
Debtor(s):
Kevin E. Mitchell Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Docket 2
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.
Debtor(s):
Kevin E. Mitchell Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
FROM: 9-23-20
Docket 0
- NONE LISTED -
Debtor(s):
James Birdsong Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
James Birdsong Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
FROM: 10-7-20
Docket 0
- NONE LISTED -
Debtor(s):
Maricela Hurtado Represented By
David A Akintimoye
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
Docket 1
- NONE LISTED -
Debtor(s):
Maricela Hurtado Represented By
David A Akintimoye
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
RE: [1] Chapter 13 Voluntary Petition Individual . Samantha Elizabeth Bier (Korompis, Nancy)
FROM: 10-7-20
Docket 1
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 10-7-20
Docket 1
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
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FROM: 10-7-20
Docket 1
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
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("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:
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
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$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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
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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.
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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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).
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.
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
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confirmed Plan and avoid a default under the Plan and section 1328(a).
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.
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.
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
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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.
Debtor(s):
Marcio A. Kubaski Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
Docket 2
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.
Debtor(s):
Marcio A. Kubaski Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
FROM: 10-7-20
Docket 1
- NONE LISTED -
Debtor(s):
Aurea Elisa Bolt Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
Docket 2
- NONE LISTED -
Debtor(s):
Aurea Elisa Bolt Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
FROM: 10-7-20
Docket 1
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
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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:
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
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$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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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).
(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
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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.
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.
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.
Interlineations:
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.
The Trustee shall pay the priority claim of the Franchise Tax
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Board in the amount of $345.70 at a rate no less than $15.03 per month for 23 months.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
3:31 PM
As discussed on the record, this case does not involve any direct
payments by the Debtors to any creditors.
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.
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.
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.
Debtor(s):
Jose Jesus Nungaray Represented By
L. Tegan Rodkey
3:31 PM
Trustee(s):
Rod Danielson (TR) Pro Se
3:31 PM
Docket 2
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.
Debtor(s):
Jose Jesus Nungaray Represented By
L. Tegan Rodkey
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
FROM: 7-31-19, 10-4-19, 1-17-20, 2-21-20, 9-8-20
Docket 79
- NONE LISTED -
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
FROM: 3-25-20, 6-26-20, 9-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Hyun Joo Thompson Represented By Krystina T Tran
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Hyun Joo Thompson Represented By Krystina T Tran
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 127
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:
Trustee: fees of $1,824.64 and expenses of $300.13.
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 ").
Debtor(s):
Kevin Chae Kim Represented By
1:00 PM
David S Lee Michael D Franco
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
Docket 74
- NONE LISTED -
Debtor(s):
Barbara Jean Sleigh Represented By Robert L Firth
Trustee(s):
Robert Whitmore (TR) Pro Se
1:00 PM
Docket 0
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:
Trustee: fees of $3,750 and expenses of $199.09.
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 ").
Debtor(s):
Maria Lourdes Millan Represented By
Robert Jeffrey Gerber
1:00 PM
Trustee(s):
Arturo Cisneros (TR) Represented By Karen S. Naylor
1:30 PM
FROM: 11-17-20
Docket 232
- NONE LISTED -
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
Docket 243
- NONE LISTED -
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
Docket 238
- NONE LISTED -
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
FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20
Docket 1
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 166
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
FROM: 5-12-20, 6-23-20, 8-4-20, 10-6-20
Docket 82
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 144
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 235
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Amelia Puertas-Samara
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:45 PM
FROM: 11-30-20, 12-8-20
Docket 12
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
Docket 57
- NONE LISTED -
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
Docket 31
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 ").
Debtor(s):
Virginia Lynn Rodriguez Represented By Anthony P Cara
2:00 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Pro Se
3:30 PM
Docket 0
- NONE LISTED -
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
FROM: 9-1-20, 10-6-20, 11-17-20
Docket 0
- NONE LISTED -
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
FROM 11-17-20
Docket 162
- NONE LISTED -
Debtor(s):
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
FROM: 11-17-20
Docket 164
- NONE LISTED -
Debtor(s):
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
Docket 90
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
Docket 192
- NONE LISTED -
Debtor(s):
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
Docket 30
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
D'Aniel Anthony Causey Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Johnny Lam Nguyen Represented By Rex Tran
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 64
- NONE LISTED -
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
Docket 153
- NONE LISTED -
Debtor(s):
Martha Campa Represented By Rebecca Tomilowitz
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Amy Lynn Goldenberg Represented By Sara E Razavi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Aaron Joseph Loft Represented By Stephen L Burton
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 6
- NONE LISTED -
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
Docket 5
- NONE LISTED -
Debtor(s):
Yadira Sandra Santa Maria Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
TOYOTA LEASE TRUST VS DEBTOR
Property: 2017 Toyota RAV4
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 44
- NONE LISTED -
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
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2018 Toyota Corolla
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 33
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 19
- NONE LISTED -
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
3:00 PM
CASE DISCHARGE 12-15-20
Docket 1
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.
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
CASE DISCHARGE 1-12-21
Docket 1
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.
Debtor(s):
Bertha Cortez Represented By Edward A Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
3:15 PM
CASE DISCHARGE 1-12-21
Docket 10
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.
Debtor(s):
Jose Paz Carrillo Represented By David R Chase
Joint Debtor(s):
Marisela Carrillo Represented By David R Chase
3:15 PM
Trustee(s):
Rod Danielson (TR) Pro Se
3:15 PM
CASE DISCHARGE 1-12-21
Docket 1
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.
Debtor(s):
Elena Ibarra Velasco Represented By Yelena Gurevich
Trustee(s):
Rod Danielson (TR) Pro Se
3:15 PM
Docket 1
- NONE LISTED -
Debtor(s):
Kyle Christopher Core Represented By Mona V Patel
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
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
Docket 0
- NONE LISTED -
Debtor(s):
Jerry Allen Holland Represented By Brad Weil
Trustee(s):
Arturo Cisneros (TR) Pro Se
4:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Shelia Maria Taylor Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
FROM: 7-22-20, 9-23-20, 10-7-20, 12-9-20
Docket 0
- NONE LISTED -
Debtor(s):
Romeo Abelita Apelo Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 60
- NONE LISTED -
Debtor(s):
Sandra Lucia Chavarria Lopez Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
8:30 AM
RE: 2012 Ford Mustang
Docket 12
- NONE LISTED -
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
RE: 2015 Kia Optima
Docket 10
- NONE LISTED -
Debtor(s):
Atoshaa Marie Turner Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
8:30 AM
RE: 16 Toyota Sienna
Docket 19
- NONE LISTED -
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
RE: 2018 Lexus NX 300
Docket 14
- NONE LISTED -
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
RE: 2018 Chevrolet Truck Silverado 1500
Docket 9
- NONE LISTED -
Debtor(s):
Mike Luis Vega Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
8:30 AM
RE: 2017 Mercedes-Benz C-Class
Docket 9
- NONE LISTED -
Debtor(s):
Maria Patricia Vidal Represented By Omar Zambrano
Trustee(s):
Larry D Simons (TR) Pro Se
8:30 AM
RE: 2017 Ford Mustang
Docket 14
- NONE LISTED -
Debtor(s):
Eunice S Flores Represented By Jose Cervantes
Trustee(s):
Lynda T. Bui (TR) Pro Se
8:30 AM
RE: 2018 Honda Accord Sedan #3147
Docket 8
- NONE LISTED -
Debtor(s):
Matthew Michael Bomengen Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
8:30 AM
RE: 2017 Jayco North TT
Docket 10
- NONE LISTED -
Debtor(s):
Alan Justus Mash Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:30 AM
RE: 2015 Ford Edge FROM: 11-4-20, 12-3-20
Docket 11
- NONE LISTED -
Debtor(s):
Richard Cole Jr. Represented By Terrence Fantauzzi
Trustee(s):
Charles W Daff (TR) Pro Se
9:30 AM
RE: 2018 Hyundai Ioniq Hybird FROM: 12-3-20
Docket 10
- NONE LISTED -
Debtor(s):
Marco Alberto Andrade Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
AMERICAN HONDA FINANCE VS DEBTOR
Property: 2018 Honda Civic
[Personal Prop] Vincent V. Frounjian, attorney/movant
Docket 11
- NONE LISTED -
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
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
- NONE LISTED -
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
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
Docket 1
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.
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
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
Docket 1
- NONE LISTED -
Debtor(s):
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
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang
10:30 AM
Adv#: 6:20-01172 Lake v. Cramer
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01155 Saunders et al v. Paulson
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01155 Saunders et al v. Paulson
Docket 0
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01154 Knobloch v. Paulson
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01154 Knobloch v. Paulson
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01143 Moon v. Ha
FROM: S/C 12-3-20
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01143 Moon v. Ha
Docket 0
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01117 Tagliavia v. Walsh et al
FROM: 10-8-20, 12-10-20
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01117 Tagliavia v. Walsh et al
FROM: S/C 9-3-20, 10-8-20, 12-10-20
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
Docket 12
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.
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
1:30 PM
Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC
Docket 8
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
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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
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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
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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):
Manuel Moreno Represented By James P Doan
1:30 PM
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
Adv#: 6:20-01029 Bui et al v. Shih et al
Docket 26
- NONE LISTED -
Debtor(s):
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
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
Adv#: 6:20-01128 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
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
Adv#: 6:20-01128 Loy et al v. Kenney
Docket 24
- NONE LISTED -
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
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
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
Adv#: 6:20-01140 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
Adv#: 6:20-01140 Loy et al v. Kenney
Docket 15
- NONE LISTED -
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
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
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
Adv#: 6:20-01141 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
Laila Masud
D Edward Hays
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:20-01141 Loy et al v. Kenney
Docket 15
- NONE LISTED -
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
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
D Edward Hays
Emily Kovach Represented By
D Edward Hays
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 110
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
[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
- NONE LISTED -
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
Docket 17
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
FROM: 11-18-20
Docket 75
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
FROM: 6-30-20, 9-15-20, 11-17-20
Docket 22
- NONE LISTED -
Debtor(s):
JOSE ALBERTO GUTIERREZ Represented By
James M Powell - DISBARRED - Giovanni Orantes
Trustee(s):
Patricia J Zimmermann (TR) Pro Se
1:00 PM
Docket 47
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 ").
Debtor(s):
Maria I. Brack Represented By Joselina L Medrano
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:00 PM
Docket 28
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 ").
Debtor(s):
Eric Kevin Ballesteros Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
1:00 PM
Docket 30
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 ").
Debtor(s):
Kathy Robins Represented By Gerald S Kim
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 75
- NONE LISTED -
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
Docket 12
- NONE LISTED -
Debtor(s):
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
Docket 28
- NONE LISTED -
Debtor(s):
Shelly Joan Ruegsegger Represented By Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Docket 21
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 ").
Debtor(s):
Gregory K Gilbert Represented By Rhonda Walker
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Docket 19
- NONE LISTED -
Debtor(s):
Aaron Joseph Loft Represented By Stephen L Burton
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 266
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
2:30 PM
$9,414.41
FROM: 11-17-20
Docket 276
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
2:30 PM
$8,893.72
FROM: 11-17-10
Docket 255
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Docket 6
- NONE LISTED -
Debtor(s):
Sandra K. Shea Represented By Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Viera Mendoza Represented By Siamak E Nehoray
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 66
- NONE LISTED -
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
Docket 99
- NONE LISTED -
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
Docket 52
- NONE LISTED -
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
Docket 72
- NONE LISTED -
Debtor(s):
Jason P Wilson Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 41
- NONE LISTED -
Debtor(s):
Denise Cuevas Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 58
- NONE LISTED -
Debtor(s):
Tammy L. Swanson Represented By Gregory Ashcraft
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
- NONE LISTED -
Debtor(s):
Patrick Carl Johnston Jr Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 96
- NONE LISTED -
Debtor(s):
Gwendolyn Gainer Represented By Manfred Schroer
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 132
- NONE LISTED -
Debtor(s):
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
Docket 55
- NONE LISTED -
Debtor(s):
Christina M Lares Represented By Manfred Schroer
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
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
Docket 0
- NONE LISTED -
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
Docket 66
- NONE LISTED -
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
Docket 30
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 19
- NONE LISTED -
Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
D'Aniel Anthony Causey Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Johnny Lam Nguyen Represented By Rex Tran
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 127
- NONE LISTED -
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
Docket 52
- NONE LISTED -
Debtor(s):
Derik A. Dill Represented By
Christine A Kingston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
AMERICREDIT FINANCIAL SERVICES VS DEBTOR
Property: 2019 Kia Sorento
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 47
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
TD AUTO FINANCE VS DEBTORS
Property: 2017 Ram 350
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 29
- NONE LISTED -
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
Docket 9
- NONE LISTED -
Debtor(s):
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
SANTANDER CONSUMER USA VS DEBTOR
Property: 2019 Dodge Charger
[Personal Prop] Sheryl . Ith, attorney/movant
Docket 10
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
CONSUMER PORFOLIO SERVICES VS DEBTOR
Property: 2019 Hyundai Sonata
[Personal Prop] Erica Taylor Loftis Pacheco, attorney/movant
Docket 10
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
FORD MOTOR CREDIT COMPANY VS DEBTORS
Property: 2017 Ford Focus
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 10
- NONE LISTED -
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
SHOCK PROPERTIES, INC. VS DEBTOR
Property: 9253 Hermosa Ave #G Rancho Cucamonga, CA 91730 [UD] Barry Lee O'Connor, attorney/movant
Docket 18
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:
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.
Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).
Debtor(s):
Leonardo Espinoza Represented By Neil R Hedtke
Joint Debtor(s):
Socorro Duran De Espinoza Represented By
10:00 AM
Trustee(s):
Neil R Hedtke
Lynda T. Bui (TR) Pro Se
11:00 AM
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
- NONE LISTED -
Debtor(s):
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
Docket 75
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
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.
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
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
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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.
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
Docket 6
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Lisa Lynn Kearsley Represented By Jenny L Doling
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
- NONE LISTED -
Debtor(s):
Leticia M. De Isar Represented By Christopher J Langley
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Gregory Mark Klick Represented By Jenny L Doling
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
Debtor(s):
Francisco Salcedo Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
- NONE LISTED -
Debtor(s):
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
Docket 2
Debtor(s):
Heather Lindsey Rodriguez Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 2
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
Docket 2
Debtor(s):
Michael D. Torrence Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 1
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
Docket 4
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
Docket 1
- NONE LISTED -
Debtor(s):
Amador Anthony Cervantes Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
Debtor(s):
Amador Anthony Cervantes Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Sharon A Waddy Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
12:00 PM
Docket 2
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
Docket 2
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
Docket 2
- NONE LISTED -
Debtor(s):
Tony Busum Represented By
Elena Steers
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
John Anthony Espejo Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 0
Debtor(s):
Shontae Hill Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Gena Rae Munoz Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 1
Debtor(s):
Rocio Cortez Represented By
David R Chase
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 4
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
Docket 1
- NONE LISTED -
Debtor(s):
Amador Anthony Cervantes Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
Debtor(s):
Amador Anthony Cervantes Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Sharon A Waddy Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Sergio Prado Represented By
Samer A Nahas
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Linda Wagner Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
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
Docket 2
- NONE LISTED -
Debtor(s):
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
Docket 1
- NONE LISTED -
Debtor(s):
Victoria Zopfi Represented By Laleh Ensafi
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Carlos Eduardo Acosta Jr Represented By Marc A Goldbach
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
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
Docket 6
- NONE LISTED -
Debtor(s):
Shannon Marie Brinson Represented By Melissa A Raskey
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Daniel Alfred Vera Jr. Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
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
Docket 2
Debtor(s):
Kristi Jean Cabral Represented By
Shawn Anthony Doan
Trustee(s):
Rod Danielson (TR) Pro Se
4:30 PM
Docket 2
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
Docket 6
Debtor(s):
David E Morgan Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-21-20
Docket 2
- NONE LISTED -
Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-21-20
Docket 2
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
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:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors
1:30 PM
with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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.
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.
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.
Interlineations:
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.
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.
The Trustee shall pay the priority claim of the Franchise Tax
1:30 PM
Board in the amount of $2,024 at a rate no less than $33.73 per month for 60 months.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s
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approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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(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).
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.
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).
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
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to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.
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.
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
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default under the terms of the Plan, the local rules or other applicable law.
Debtor(s):
Raphael Chavez Mesa Jr. Represented By Edward G Topolski
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Raphael Chavez Mesa Jr. Represented By Edward G Topolski
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-21-20
Docket 2
- NONE LISTED -
Debtor(s):
Deborah Starr Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Deborah Starr Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-21-20
Docket 2
- NONE LISTED -
Debtor(s):
Jennifer Shaffer Represented By Allan D Sarver
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Jennifer Shaffer Represented By Allan D Sarver
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-21-20
Docket 2
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
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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:
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.
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Starting November 28, 2020, the monthly plan payment is $2,640.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
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.
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.
Debtors must pay at least $72,743 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
With Court permission, the Bankruptcy Code often permits debtors to
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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).
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.
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)
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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.
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.
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,
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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.
Debtor(s):
Rose Ann Bomentre Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Rose Ann Bomentre Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 15
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.
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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:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
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Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
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.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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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.
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.
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).
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
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to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.
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.
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
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default under the terms of the Plan, the local rules or other applicable law.
Debtor(s):
Joseph S Dews Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 1
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.
Debtor(s):
Joseph S Dews Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
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
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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:
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.
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Starting March 1, 2021, the monthly plan payment is $6,108.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
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.
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.
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.
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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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(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.
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.
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).
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
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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.
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.
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
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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.
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.
Debtor(s):
Richard Allen Rodgers Represented By Paul Y Lee
Joint Debtor(s):
Judith Anne Rodgers Represented By Paul Y Lee
1:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
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
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Carol A Casper Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Carol A Casper Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Rochelle Anne Baker Represented By Edgar P Lombera
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Rochelle Anne Baker Represented By Edgar P Lombera
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
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
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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:
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.
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Starting March 3, 2021, the monthly plan payment is $2,423.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
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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.
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.
Debtor(s):
Marilyn Lanzon Tan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Marilyn Lanzon Tan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 8
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")
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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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
In the event of any differences between the terms of the Plan and this
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Order, the terms of this Order shall control. This Order supersedes and modifies any contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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"):
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All payments for the senior mortgage against the residence of the Debtors.
(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).
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.
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).
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
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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.
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.
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
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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.
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
Docket 1
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.
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
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Ana D. Guevara Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Ana D. Guevara Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Pamela Polston Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Pamela Polston Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Gregory Clay Johnson Sr. Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Gregory Clay Johnson Sr. Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 10-28-20
Docket 2
- NONE LISTED -
Debtor(s):
Carla Ewelan Represented By
Clifford Bordeaux
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Carla Ewelan Represented By
Clifford Bordeaux
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 2
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")
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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:
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.
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Starting March 8, 2021, the monthly plan payment is $3,303.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
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.
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.
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.
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.
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.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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(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.
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.
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
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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).
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.
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.
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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.
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.
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 11-4-20
Docket 2
- NONE LISTED -
Debtor(s):
Kelvin Bernard McFarland Represented By Stephen S Smyth William J Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Kelvin Bernard McFarland Represented By Stephen S Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 2
- NONE LISTED -
Debtor(s):
Darnell Lamont Butler Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Darnell Lamont Butler Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 1
- NONE LISTED -
Debtor(s):
Jaliyah Zayalie Rutledge Represented By Rhonda Walker
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jaliyah Zayalie Rutledge Represented By Rhonda Walker
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 2
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
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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:
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.
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Starting February 15, 2021, the monthly plan payment is $667.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
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The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
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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.
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.
Debtor(s):
Chris Pagtakhan Represented By Andrew Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 0
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.
Debtor(s):
Chris Pagtakhan Represented By Andrew Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 2
- NONE LISTED -
Debtor(s):
Joe Allan Atkinson Jr. Represented By Kevin M Mahan
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Joe Allan Atkinson Jr. Represented By Kevin M Mahan
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 11-4-20
Docket 2
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
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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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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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.
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.
Gross income over $65,000 is pledged to the Plan less tax deductions.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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,
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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).
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.
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
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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.
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.
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
Docket 1
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.
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
FROM: 11-4-20
Docket 0
- NONE LISTED -
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
Docket 3
- NONE LISTED -
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
FROM: 11-4-20
Docket 2
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
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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:
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.
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Starting October 18, 2024, the monthly plan payment is $1,152.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(i) As used in this order, (A) the term "Filed Secured/Priority Debts" means all secured claims and priority unsecured claims for which
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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.
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.
Debtors reserve the right to object to any claim notwithstanding any
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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.
Interlineations:
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Debtors must pay at least $40,944 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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confirmation of the Plan will create an automatic stay.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
With Court permission, the Bankruptcy Code often permits debtors to
2:30 PM
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).
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.
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)
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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.
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.
Debtor(s):
Esmeralda Quezada Mejia Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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.
Debtor(s):
Esmeralda Quezada Mejia Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
FROM: 1-22-20, 4-10-20, 7-31-20, 12-15-20
Docket 1
- NONE LISTED -
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
Docket 8
- NONE LISTED -
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
FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20
Docket 30
- NONE LISTED -
Debtor(s):
Kathryn Florence Butler Represented By Nima S Vokshori
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Kathryn Florence Butler Represented By Nima S Vokshori
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20
Docket 6
- NONE LISTED -
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
Docket 6
- NONE LISTED -
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
FROM: 8-5-20, 10-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Garfield Stephen Flowers Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
Docket 4
- NONE LISTED -
Debtor(s):
Garfield Stephen Flowers Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 272
- NONE LISTED -
Debtor(s):
Aguina Aguina Represented By
W. Derek May
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 126
- NONE LISTED -
Debtor(s):
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
Docket 36
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:
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 ").
Debtor(s):
Florencio Castro Martinez Represented By George P Hobson Jr
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 63
- NONE LISTED -
Debtor(s):
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
Docket 31
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:00 PM
Docket 35
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
Docket 26
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
CWP Cabinets Represented By
J Scott Williams
Trustee(s):
Charles W Daff (TR) Represented By Robert P Goe
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Wilson Towing LLC Respondent Represented By
Robert K Wing
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By Gary S Saunders
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Mia Susanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 50
- NONE LISTED -
Debtor(s):
Laura Gay McDade Represented By Keith Q Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 67
- NONE LISTED -
Debtor(s):
Rene Bocanegra Represented By Michael Smith Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 127
- NONE LISTED -
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
Docket 59
- NONE LISTED -
Debtor(s):
Longino Navarro Represented By Patricia A Mireles
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 118
- NONE LISTED -
Debtor(s):
Steven Zamarripa Represented By Andy C Warshaw
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
- NONE LISTED -
Debtor(s):
Marsha M. Zachary Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 59
- NONE LISTED -
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
Docket 60
- NONE LISTED -
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
Docket 61
- NONE LISTED -
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
Docket 39
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 ").
Debtor(s):
Angel Tellez Zamudio Represented By
2:00 PM
Trustee(s):
Dana Travis
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Sandra K. Shea Represented By Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 7
- NONE LISTED -
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
ADVANCED FROM 2-24-21
Docket 113
- NONE LISTED -
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
2:30 PM
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
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.
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
Docket 187
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 ").
Debtor(s):
Amber A Wood Represented By Michael Jay Berger
3:00 PM
Movant(s):
Amber A Wood Represented By Michael Jay Berger
Trustee(s):
Rod Danielson (TR) Pro Se
8:30 AM
RE: 2015 Kia Optima FROM: 1-14-21
Docket 10
- NONE LISTED -
Debtor(s):
Atoshaa Marie Turner Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
8:30 AM
RE: 2018 Chevrolet Truck Silverado 1500
FROM: 1-14-21
Docket 9
- NONE LISTED -
Debtor(s):
Mike Luis Vega Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
8:30 AM
RE: 2018 Honda Accord Sedan #3147
FROM: 1-13-21
Docket 8
- NONE LISTED -
Debtor(s):
Matthew Michael Bomengen Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
8:30 AM
RE: 2017 Jayco North TT FROM: 1-13-21
Docket 10
- NONE LISTED -
Debtor(s):
Alan Justus Mash Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
U.S. BANK TRUST NATIONAL VS DEBTOR Property: 16404 Barbee Street, Fontana, CA 92336
[Real Prop] Erica Taylor Loftis Pacheco, attorney/movant
Docket 13
- NONE LISTED -
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
TOYOTA MOTOR CREDIT CORPORATION VS. DEBTORS
Property: 2020 Toyota 4Runner
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 18
- NONE LISTED -
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
Property: Superior Court Docket Number CIVDS1936885 [Non Bk Forum] Rashid Shamin, attorney/movant
Docket 10
- NONE LISTED -
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
SANTANDER CONSUMER USA VS DEBTOR
Property: 2019 Jeep Compass
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 10
- NONE LISTED -
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
TOYOTA MOTOR CREDIT CORPORATION VS DEBTORS
Property: 2011 Toyota Corolla
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 15
- NONE LISTED -
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
PARTNERS FEDEERAL CREDIT UNION VS DEBTOR
Property: 2018 Ford F150
[Personal Prop] Yuri Voronin, attorney/movant
Docket 11
- NONE LISTED -
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
AMERICREDIT FINANCIAL SERVICES VS DEBTOR
Property: 2020 Chevrolet Equinox
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
- NONE LISTED -
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
AMERICAN HONDA FINANCE CORPORATION VS DEBTOR
Property: 2018 Honda Civic
[Personal Prop] Vincent V. Frounjian, attorney/movant
Docket 7
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01175 Moreno et al v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01177 Bui et al v. BMF CAPITAL LLC d/b/a BUSINESS MERCHANT
Docket 1
- NONE LISTED -
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
10:30 AM
Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al
Docket 1
- NONE LISTED -
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
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
10:30 AM
Adv#: 6:20-01183 Daff v. Avilez
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01167 Bui et al v. ML Factors Funding LLC et al
FROM: S/C 1-7-21
Docket 1
- NONE LISTED -
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
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
Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC
Docket 13
- NONE LISTED -
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
Adv#: 6:19-01146 Howard B. Grobstein, Chapter 7 Trustee v. Williams et al
FROM: S/C 1-16-20, P/T 9-17-20, 11-19-20, 12-10-20
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01134 Bui et al v. McFarlane et al
(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
- NONE LISTED -
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
Adv#: 6:20-01137 Whitmore v. Francia dba Nelson Francia Trucking Company
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01146 Grobstein, Chapter 7 Trustee v. VAE Enterprises, Inc. et al
(2) Avoidance of constructive fraudulent transfer; and (3) Recovery of avoided transfer
FROM: S/C 12-3-20
Docket 1
- NONE LISTED -
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
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 47
- NONE LISTED -
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
Trustee(s):
Karl T Anderson (TR) Represented By Tinho Mang
Richard A Marshack
1:30 PM
Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera
FROM: S/C 7-23-20, 8-6-20
Docket 0
- NONE LISTED -
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
Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera
FROM: S/C 4-9-20, 5-7-20, 7-2-20, 7-23-20, 8-6-20
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01039 Dani Transport Services, Inc. v. Complete Business Solutions Group aka
FROM: S/C 7-2-20
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01147 Stanford Ventures, LLC v. Farris
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Wilson Towing LLC Respondent Pro Se
1:00 PM
Docket 1343
- NONE LISTED -
Debtor(s):
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
Docket 239
- NONE LISTED -
Debtor(s):
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
Docket 313
- NONE LISTED -
Debtor(s):
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
Docket 0
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 ").
Debtor(s):
Oscar Lopez Represented By
1:00 PM
Mark E Bauman
Joint Debtor(s):
Lourdes Lopez Represented By Mark E Bauman
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 65
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:
Trustee: fees of $6,750 and expenses of $194.80 and
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
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
Docket 105
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:
Trustee: fees of $14,460.43 and expenses of $169.90 and
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 ").
Debtor(s):
Felicia Lynn Tyler Represented By Glen J Biondi
1:00 PM
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe Ryan S Riddles
1:00 PM
Docket 35
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:00 PM
Docket 39
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:00 PM
Docket 41
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
Docket 265
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Amelia Puertas-Samara
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Martin Romo Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Viera Mendoza Represented By Siamak E Nehoray
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
James Richard Church Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 113
- NONE LISTED -
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
Docket 37
- NONE LISTED -
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
Docket 35
- NONE LISTED -
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
Docket 95
- NONE LISTED -
Debtor(s):
Tamela Rochelle Cash-Curry Represented By Andrew Moher
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 96
- NONE LISTED -
Debtor(s):
Tamela Rochelle Cash-Curry Represented By Andrew Moher
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 97
- NONE LISTED -
Debtor(s):
Tamela Rochelle Cash-Curry Represented By Andrew Moher
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 35
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 ").
2:00 PM
Debtor(s):
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
Docket 2
- NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By Gary S Saunders
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Mia Susanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
REVERSE MORTGAGE FUNDING VS DEBTOR
Property: 31242 Orange Avenue, Nuevo, CA 92567 [Real Prop] Sean C. Ferry, attorney/movant
Docket 55
- NONE LISTED -
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
CHAMPION MORTGAGE COMPANY VS. DEBTOR
Property: 6025 Tokay Road, Phelan, CA 92329 [Real Prop] Josephine E. Salmon, attorney/movant
Docket 114
- NONE LISTED -
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
THE BANK OF NEW YORK MELLON VS DEBTOR
Property: 15111 Monterey Avenue, Chino Hills, CA 91709 [Real Prop] Sean Ferry, attorney/movant
Docket 58
- NONE LISTED -
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
CATAMOUNT PROPERTIES 2018, LLC VS DEBTOR
Property: 5812 San Sevaine Rd., Rancho Cucamonga, CA 91739 [UD] Amelia B. Valenzuela, attorney/movant
Docket 8
- NONE LISTED -
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
CATAMOUNT PROPERTIES 2018, LLC VS DEBTOR
Property: 5812 San Sevaine Rd., Rancho Cucamonga, CA 91739 [UD] Amelia B. Valenzuela, attorney/movant
Docket 9
- NONE LISTED -
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
Docket 18
- NONE LISTED -
Debtor(s):
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
Docket 8
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)
Debtor(s):
Cecilia Leonard Represented By Benjamin R Heston
Movant(s):
Cecilia Leonard Represented By
2:30 PM
Trustee(s):
Benjamin R Heston
Rod Danielson (TR) Pro Se
1:00 PM
[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
- NONE LISTED -
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
Docket 110
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
FROM: 6-24-20, 7-14-20, 10-6-20, 1-8-21, 1-15-21
Docket 17
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
FROM: 11-18-20, 1-15-21
Docket 75
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
[Property: 8365 Avenida Leon, Rancho Cucamonga, San Bernardino, C 91730-3412]
Docket 27
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
[Property: 8365 Avenida Leon, Rancho Cucamonga, San Bernardino, C 91730-3412]
Docket 26
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
[Property: 8365 Avenida Leon, Ranch Cucamonga, San Bernardino, CA 91730-3412]
Docket 25
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
FROM: 11-18-21
Docket 0
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
On October 6, 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 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:
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
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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.
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.
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
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the Trustee to object to any proof of claim.
Interlineations:
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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
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Direct Payments.
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.
Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 11-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Vicente Ayala Represented By Raymond J Seo
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Vicente Ayala Represented By Raymond J Seo
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 11-18-20
Docket 2
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
Eurhonda Knight Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Eurhonda Knight Represented By Tom A Moore
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 11-18-20
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 11-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 1
- NONE LISTED -
Debtor(s):
Marco Tulio Valle Represented By Bahram Madaen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Marco Tulio Valle Represented By Bahram Madaen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 1
- NONE LISTED -
Debtor(s):
Debra M Malyszek Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Debra M Malyszek Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 2
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
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 2
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
Alma Rosa Amaya Represented By Stephen S Smyth William J Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
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
Alma Rosa Amaya Represented By Stephen S Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 1
- NONE LISTED -
Debtor(s):
Katherine Denise Harris Represented By Emilia N McAfee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Katherine Denise Harris Represented By Emilia N McAfee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-2-20
Docket 2
- NONE LISTED -
Debtor(s):
Ana D. Guevara Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Ana D. Guevara Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 1
- NONE LISTED -
Debtor(s):
Jaliyah Zayalie Rutledge Represented By Rhonda Walker
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jaliyah Zayalie Rutledge Represented By Rhonda Walker
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 2
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:
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On October 20, 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 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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
The Trustee shall pay the priority claim of the Franchise Tax
Board in the amount of $1,139.93 at a rate no less than $19 per month for 60 months.
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.
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.
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.
Gross income over $98,000 is pledged to the Plan less tax deductions.
Additional provisions:
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
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this case whether by motion, adversary proceeding or otherwise.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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
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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.
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).
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.
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,
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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.
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.
Debtor(s):
Christian Adan Montoya Represented By Paul Y Lee
Joint Debtor(s):
Iris Magana Represented By
Paul Y Lee
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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.
Debtor(s):
Christian Adan Montoya Represented By Paul Y Lee
2:30 PM
Joint Debtor(s):
Iris Magana Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 1
- NONE LISTED -
Debtor(s):
Daniel Glen Goldstein Represented By Edward T Weber
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Daniel Glen Goldstein Represented By Edward T Weber
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 1
- NONE LISTED -
Debtor(s):
Tramy Nguyen Tran Ho Represented By David Tang
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Tramy Nguyen Tran Ho Represented By David Tang
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 1
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:
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On October 20, 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 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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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the Trustee to object to any proof of claim.
Interlineations:
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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
Any provisions in the Plan purporting to create an automatic stay are
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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.
If the Debtors later seek to convert this case to another chapter or to dismiss
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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.
Debtor(s):
Christopher Perez Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
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.
Debtor(s):
Christopher Perez Represented By Sundee M Teeple
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 2
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:
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On October 20, 2020, the Court entered a scheduling order [docket #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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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
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$415.46 per month for 36 months with interest at the rate of 5% per annum.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
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Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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.
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.
Debtor(s):
Hugh Alexander Duncan Represented By
Raj T Wadhwani
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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.
Debtor(s):
Hugh Alexander Duncan Represented By
Raj T Wadhwani
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 2
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:
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On October 20, 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 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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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the Trustee to object to any proof of claim.
Interlineations:
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.
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.
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
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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.
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.
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.
2:30 PM
Debtor(s):
David Lopez Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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.
Debtor(s):
David Lopez Represented By
Paul Y Lee
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-9-20
Docket 2
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
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
Docket 2
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
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
Docket 26
- NONE LISTED -
Debtor(s):
Annette M Dureso Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:00 PM
[Property: 555 South Indian Trial, Palm Springs, CA 92264]
Docket 164
- NONE LISTED -
Debtor(s):
Kevin Neri Represented By
Christopher Hewitt
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
1:00 PM
Docket 276
- NONE LISTED -
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
Docket 281
- NONE LISTED -
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
Docket 107
- NONE LISTED -
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
Docket 28
- NONE LISTED -
Debtor(s):
Daniel Meza Represented By
Natalie A Alvarado
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:00 PM
[Property: 1020 S. Mountain Avenue, Ontario, CA 91762]
Docket 39
- NONE LISTED -
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
Docket 50
- NONE LISTED -
Debtor(s):
Simon A Chen Represented By Neil R Hedtke
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:00 PM
Docket 35
- NONE LISTED -
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
Docket 24
- NONE LISTED -
Debtor(s):
Victor Manuel Gonzalez Represented By James P Doan
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 262
- NONE LISTED -
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
Docket 249
- NONE LISTED -
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
FROM: 7-21-20, 10-20-20, 11-17-20
Docket 0
- NONE LISTED -
Debtor(s):
Miguel A Nigo Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
3:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
FROM: 2-23-21
Docket 35
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
FROM: 2-23-21
Docket 39
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
Docket 41
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Reginald F. Stark Represented By Keith Q Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Daisy Tobilla Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
LaRon M Hall Represented By Stephen R Wade
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Julie Ann Hathaway Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 6
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 52
- NONE LISTED -
Debtor(s):
Derik A. Dill Represented By
Christine A Kingston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 104
- NONE LISTED -
Debtor(s):
Tania Marie Ybarra-Folson Represented By
Ramiro Flores Munoz
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
- NONE LISTED -
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
Docket 64
- NONE LISTED -
Debtor(s):
Amador Anthony Cervantes Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Alex Cordova Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 83
- NONE LISTED -
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
Docket 27
- NONE LISTED -
Debtor(s):
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Martin Romo Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Viera Mendoza Represented By Siamak E Nehoray
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
James Richard Church Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
ADVANCED FROM 5-5-21
Docket 88
- NONE LISTED -
Debtor(s):
Otoniel Toledo Represented By Joseph A Weber
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 58
- NONE LISTED -
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
Docket 38
- NONE LISTED -
Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
WELLS FARGO BANK VS DEBTOR
Property: 3691 Broken Feather Drive, Norco, CA 92860 [Real Prop] Caren J. Castle, attorney/movant
Docket 66
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.
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
Property: 25332 Lone Acres Road, Menifee, CA 92584 [Real Prop] Erica Taylor Loftis Pacheco, attorney/movant
Docket 84
- NONE LISTED -
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
THE MONEY SOURCE VS DEBTOR
Property: 430 Via De La Paz
[Real Prop] Kirsten Martinez, attorney/movant
Docket 36
- NONE LISTED -
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
GLOBAL LENDING SERVICES VS DEBTOR
Property: 2016 Nissan Altima
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 41
- NONE LISTED -
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
Property: 11796 Roswell Avenue, Chino, CA 91710 [Real Prop] Darlene C. Vigil, attorney/movant
Docket 12
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"?
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
SUMMITROSE INVESMENTS VS DEBTOR
Property: 9059 San Bernardino Road, Rancho Cucamonga, CA 91730 [UD] Eileen M. Kendall, attorney/movant
Docket 24
- NONE LISTED -
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
HECTOR PENA GOMEZ VS DEBTOR
Property: 24784 5th Street, San Bernardino, CA 92410 [UD] John E. Bouzane, attorney/movant
Docket 18
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:
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):
Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).
Henry Frederick Ramey Jr Pro Se
Movant(s):
Hector Pena Gomez Represented By John E Bouzane
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Anthony T. Hakimian Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 7
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 2-24-21
Docket 8
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
RE: 2014 Chevrolet Silverado
Docket 14
- NONE LISTED -
Debtor(s):
Steven Richard Vasquez Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
RE:2019 Honda Accord
Docket 8
- NONE LISTED -
8:30 AM
Debtor(s):
Moises A Valladares Represented By Ruben Salazar
Trustee(s):
Todd A. Frealy (TR) Pro Se
RE: 2013 BMW 528i
Docket 10
- NONE LISTED -
Debtor(s):
Melvin Lamont Morrow Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
RE: 2008 Acura TL
8:30 AM
Docket 15
- NONE LISTED -
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
RE: 2019 Jeep Grand Cherokee
Docket 9
- NONE LISTED -
Debtor(s):
Rigoberto Quezada Gonzalez Represented By Marlin Branstetter
8:30 AM
Joint Debtor(s):
Marina Quezada Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
RE: 2014 Honda Civic
Docket 18
- NONE LISTED -
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
8:30 AM
Auto Finance in the amount of $14,889.68 RE: 2016 Nissan Quest Wagon
Docket 15
- NONE LISTED -
Debtor(s):
Randall B Cotin Represented By Elaine O San Juan
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
RE: 16 Toyota Sienna FROM: 1-14-21
Docket 19
- NONE LISTED -
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
9:00 AM
the amount of $26,669.04 RE: 2018 Lexus NX 300
FROM: 1-14-21
Docket 14
- NONE LISTED -
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
WELLS FARGO BANK VS DEBTOR
Property: 2014 GMC Light Duty Acadia-V6
[Personal Prop] Josephine E. Salmon, attorney/movant
Docket 21
- NONE LISTED -
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
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
10:00 AM
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.
Debtor(s):
Sheldon David Singleton Represented By
10:00 AM
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
U.S. BANK TRUST NATIONAL ASSOCIATION VS DEBTOR Property: 16404 Barbee Street, Fontana, CA 92336
[Real Prop] Robert Zahradka, attorney/movant
Docket 21
- NONE LISTED -
Debtor(s):
Velia Juarez Represented By
Neil R Hedtke
10:00 AM
Movant(s):
U.S. Bank Trust National Represented By Robert P Zahradka
Trustee(s):
Arturo Cisneros (TR) Pro Se
US BANK NATIONAL ASSOCIATION VS DEBTORS
Property: 2017 Kia Rio
[Personal Prop] Robert P Zahradka, attorney/movant
Docket 15
- NONE LISTED -
Debtor(s):
Victor P. Hamaker Represented By
James D. Hornbuckle
Joint Debtor(s):
Amnah Abdullah Represented By
James D. Hornbuckle
10:00 AM
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Charles W Daff (TR) Pro Se
SCHOOLSFIRST FEDERAL CREDIT UNION VS DEBTOR
Property: 2020 Nissan Murano
[Personal Prop] Paul V. Reza, attorney/movant
Docket 10
- NONE LISTED -
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
10:00 AM
BMW BANK OF NORTH AMERICA VS DEBTOR
Property: 2016 BMW 3 Series 320i Sedan 4D [Personal Prop] Marjorie M. Jonhson, attorney/movant
Docket 12
- NONE LISTED -
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
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2049 Toyota Motor Credit
[Personal Prop] Austin P.Nagel, attorney/movant
Docket 9
10:00 AM
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01191 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01190 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al
10:30 AM
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01189 Howard M. Ehrenberg, Solely in his capacity as cha v. Zalmanoff et al
10:30 AM
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
- NONE LISTED -
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
Adv#: 6:20-01188 Howard M. Ehrenberg, Solely in his capacity as cha v. Zeffen
10:30 AM
recovery of unlawful distributions; (4) Preservation of avoided transfers; (5) Accounting; and (6) Disallowance of claims
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01187 Howard M. Ehrenberg, Solely in his capacity as cha v. Jakobovits
Docket 1
10:30 AM
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01194 Daff v. American Express National Bank et al
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
10:30 AM
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01195 Daff v. Barclays US et al
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
10:30 AM
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al
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
- NONE LISTED -
10:30 AM
Debtor(s):
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
Adv#: 6:20-01197 Daff v. Citibank, N.A. et al
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
- NONE LISTED -
10:30 AM
Debtor(s):
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
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
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
- NONE LISTED -
10:30 AM
Debtor(s):
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
Adv#: 6:20-01161 Bui v. Pillado
FROM: S/C 12-3-20
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01195 Daff v. Barclays US et al
Docket 14
- NONE LISTED -
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
1:30 PM
Adv#: 6:20-01194 Daff v. American Express National Bank et al
Docket 14
- NONE LISTED -
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
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
1:30 PM
Docket 10
- NONE LISTED -
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
Adv#: 6:20-01197 Daff v. Citibank, N.A. et al
1:30 PM
Docket 14
- NONE LISTED -
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
Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al
Docket 11
1:30 PM
- NONE LISTED -
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
2:00 PM
Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al
FROM: S/C 2-11-21
Docket 1
- NONE LISTED -
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
Trustee(s):
Clifford P Jung
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al
Docket 1
- NONE LISTED -
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
Trustee(s):
Everett L Green
Arturo Cisneros (TR) Represented By Arturo M Cisneros
Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants
Docket 1
- NONE LISTED -
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
Nathan F Smith
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 47
- NONE LISTED -
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
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
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
- NONE LISTED -
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
FROM: 6-30-20, 9-15-20, 11-17-20, 1-26-21
Docket 22
- NONE LISTED -
Debtor(s):
JOSE ALBERTO GUTIERREZ Represented By
James M Powell - DISBARRED - Giovanni Orantes
Trustee(s):
Patricia J Zimmermann (TR) Pro Se
1:00 PM
Docket 60
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:
Trustee: fees of $9,250 and expenses of $372.23;
Lewis Brisbois Bisgaard & Smith LLP: fees of $12,252.50 and expenses of $625.95; and
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 ").
Debtor(s):
Stephen Hay Represented By
Summer M Shaw
1:00 PM
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
Docket 107
- NONE LISTED -
Debtor(s):
Carlton P Collins-Cepeda Represented By Todd L Turoci
Joint Debtor(s):
Charmaine Collins-Cepeda Represented By Todd L Turoci
1:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
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
Docket 75
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
Docket 46
- NONE LISTED -
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
Docket 26
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 ").
Debtor(s):
Annette M Dureso Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:15 PM
[Property: 555 South Indian Trial, Palm Springs, CA 92264] FROM: 3-9-21
Docket 164
- NONE LISTED -
Debtor(s):
Kevin Neri Represented By
Christopher Hewitt
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
1:15 PM
Docket 276
- NONE LISTED -
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
1:15 PM
FROM: 3-9-21
Docket 281
- NONE LISTED -
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
1:15 PM
Docket 107
- NONE LISTED -
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
1:15 PM
Docket 28
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 ").
Debtor(s):
Daniel Meza Represented By
Natalie A Alvarado
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:15 PM
[Property: 1020 S. Mountain Avenue, Ontario, CA 91762] FROM: 3-9-21
Docket 39
- NONE LISTED -
Debtor(s):
Sheila San Agustin Cruz Represented By Marjorie S Archer
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
1:15 PM
Docket 50
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 ").
Debtor(s):
Simon A Chen Represented By Neil R Hedtke
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:15 PM
Docket 35
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 ").
Debtor(s):
Dymtry Ethal Lewis Represented By Stephen D Brittain
Joint Debtor(s):
Tiffany Leshone Lewis Represented By Stephen D Brittain
1:15 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:15 PM
Docket 24
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:
Trustee: fees of $2,186.83; and
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 ").
Debtor(s):
Victor Manuel Gonzalez Represented By James P Doan
Trustee(s):
Howard B Grobstein (TR) Pro Se
3:00 PM
Docket 0
- NONE LISTED -
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
FROM: 9-1-20, 10-6-20, 11-17-20, 1-12-21
Docket 0
- NONE LISTED -
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
Docket 0
- NONE LISTED -
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
Docket 0
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].
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
3:30 PM
$8,893.72
FROM: 11-17-10, 1-26-21
Docket 255
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Cecilia Leonard Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Mary L Lee Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Glenda Renee Murphy Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Maria Arellano Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Diane Kay Backovich Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Agustin Martin Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Maxine J. Levander Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 55
- NONE LISTED -
Debtor(s):
Christopher M. Burford Represented By Gregory Ashcraft
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 49
- NONE LISTED -
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
Docket 50
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
The Court would appreciate it if counsel would review the cases cited above
prior to the hearing.
Debtor(s):
William Albert Hoffman Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 35
- NONE LISTED -
Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Reginald F. Stark Represented By Keith Q Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Daisy Tobilla Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Ernestina A Perez Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
LaRon M Hall Represented By Stephen R Wade
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 16
- NONE LISTED -
Debtor(s):
Julie Ann Hathaway Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 6
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Anthony T. Hakimian Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 7
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 1-27-21
Docket 66
- NONE LISTED -
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
PERITUS PORFOLIO SERVICES VS DEBTORS
Property: 2016 Hyundai Accent SE
[Personal Prop] Reilly D. Wilkinson, attorney/movant
Docket 121
- NONE LISTED -
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
NORTHROP GRUMMAN FEDERAL CREDIT UNION VS DEBTOR
Property: 2016 Honda HR-V
[Personal Prop] Bruce P. Needleman, attorney/movant
Docket 33
- NONE LISTED -
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
AMERICREDIT FINANCIAL VS DEBTORS
Property: 2012 Chevrolet Tahoe
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 27
- NONE LISTED -
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
Docket 11
- NONE LISTED -
Debtor(s):
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
Docket 11
- NONE LISTED -
Debtor(s):
Henry Frederick Ramey Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Jerome C. Adamo Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
James Henry Achuff Jr. Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
2:45 PM
FROM: 1-27-21
Docket 132
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 ").
Debtor(s):
Maria Guadalupe Villalobos Represented By Manfred Schroer
2:45 PM
Joint Debtor(s):
Ricardo Villalobos Represented By Manfred Schroer
Trustee(s):
Rod Danielson (TR) Pro Se
2:45 PM
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
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.
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
2:45 PM
Property: 11796 Roswell Avenue, Chino, CA 91710 [Real Prop] Darlene C. Vigil, attorney/movant
FROM: 3-10-21
Docket 12
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"?
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
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
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:
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):
Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).
Henry Frederick Ramey Jr Pro Se
Movant(s):
Hector Pena Gomez Represented By John E Bouzane
2:45 PM
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
CASE DISCHARGE: 2-4-21
Docket 19
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.
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
Docket 0
- NONE LISTED -
Debtor(s):
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
Docket 160
- NONE LISTED -
Debtor(s):
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
RE: 2015 Kia Optima FROM: 1-14-21, 2-11-21
Docket 10
- NONE LISTED -
Debtor(s):
Atoshaa Marie Turner Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
8:30 AM
RE: 2018 Chevrolet Truck Silverado 1500
FROM: 1-14-21, 2-11-21
Docket 9
- NONE LISTED -
Debtor(s):
Mike Luis Vega Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
8:30 AM
RE: 2018 Honda Accord Sedan #3147
FROM: 1-13-21, 2-11-21
Docket 8
- NONE LISTED -
Debtor(s):
Matthew Michael Bomengen Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
8:30 AM
RE: 2014 Chevrolet Silverado FROM: 3-11-21
Docket 14
- NONE LISTED -
Debtor(s):
Steven Richard Vasquez Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
8:30 AM
RE: 2017 Jayco North TT FROM: 1-13-21, 2-11-21
Docket 10
- NONE LISTED -
Debtor(s):
Alan Justus Mash Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
8:30 AM
RE: 2013 BMW 528i FROM: 3-11-21
Docket 10
- NONE LISTED -
Debtor(s):
Melvin Lamont Morrow Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS DEBTORS
Property: 2017 Honda Accord Sedan
[Personal Prop] Josephine E. Salmon, attorney/movant
Docket 84
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
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2020 Toyota Corolla Hatchback [Personal Prop] Austin P. Nagel, attorney/movant
Docket 9
- NONE LISTED -
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
Adv#: 6:20-01190 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al
FROM: 3-11-21
Docket 1
- NONE LISTED -
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
10:30 AM
Adv#: 6:20-01189 Howard M. Ehrenberg, Solely in his capacity as cha v. Zalmanoff et al
FROM: 3-11-21
Docket 1
- NONE LISTED -
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
10:30 AM
Adv#: 6:20-01188 Howard M. Ehrenberg, Solely in his capacity as cha v. Zeffen
FROM: S/C 3-11-21
Docket 1
- NONE LISTED -
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
10:30 AM
Adv#: 6:20-01191 Howard M. Ehrenberg, Solely in his capacity as cha v. Garfinkel et al
FROM: S/C 3-11-21
Docket 1
- NONE LISTED -
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
11:00 AM
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
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).
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
FROM: 2-11-21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
Docket 6
- NONE LISTED -
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
Adv#: 6:20-01155 Saunders et al v. Paulson
FROM: 1-14-21
Docket 0
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01155 Saunders et al v. Paulson
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01154 Knobloch v. Paulson
FROM: 1-14-21
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01154 Knobloch v. Paulson
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01183 Daff v. Avilez
Docket 0
- NONE LISTED -
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
2:00 PM
Adv#: 6:20-01183 Daff v. Avilez
Docket 14
- NONE LISTED -
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
2:30 PM
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
FROM S/C 10-8-20, 2-25-21
Docket 1
- NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
Docket 0
- NONE LISTED -
Debtor(s):
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
FROM: 2-23-21, 3-9-21
Docket 39
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
Docket 41
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
FROM: 2-23-21, 3-9-21
Docket 35
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
3:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
Adv#: 6:20-01197 Daff v. Citibank, N.A. et al
FROM: 3-11-21
Docket 14
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
2:00 PM
Adv#: 6:20-01195 Daff v. Barclays US et al
FROM: 3-11-21
Docket 14
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
2:00 PM
Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al
FROM: 3-11-21
Docket 11
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
2:00 PM
Adv#: 6:20-01194 Daff v. American Express National Bank et al
FROM: 3-11-21
Docket 14
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
2:00 PM
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
FROM: 3-11-21
Docket 10
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
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
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:00 PM
Claim number 13 filed by Tracy Ferris Claim number 15 filed by Apelu Foisaga
Docket 419
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:00 PM
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
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:00 PM
Docket 89
- NONE LISTED -
Debtor(s):
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
Docket 73
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:00 PM
Docket 77
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:00 PM
Docket 67
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 ").
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
1:00 PM
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:00 PM
Docket 51
- NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
Adv#: 6:20-01178 United States Trustee for the Central District of v. Ramirez, Jr. et al
Docket 1
- NONE LISTED -
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
2:30 PM
[Property: 8365 Avenida Leon Rancho Cucamonga, San Bernardino, CA 91730]
Docket 48
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 ").
Debtor(s):
Derek Ryan Ross Represented By M Stephen Cho David Jacob
2:30 PM
Joint Debtor(s):
Tammy Ann Ross Represented By M Stephen Cho David Jacob
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
[Property: 8365 Avenida Leon Rancho Cucamonga, San Bernardino, CA 91730]
Docket 46
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 ").
Debtor(s):
Derek Ryan Ross Represented By M Stephen Cho David Jacob
2:30 PM
Joint Debtor(s):
Tammy Ann Ross Represented By M Stephen Cho David Jacob
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Gina Marie Stafford Represented By Matthew Donahue Keith Q Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Rocio Solache-Gil Represented By Jaime A Cuevas Jr.
Trustee(s):
Karl T Anderson (TR) Pro Se
3:00 PM
Adv#: 6:19-01007 Anderson v. Gonzaga University
(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
- NONE LISTED -
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
Adv#: 6:19-01006 Anderson v. Point Loma Nazarene University
(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
- NONE LISTED -
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
Docket 3
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
1:30 PM
Docket 2
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Brian E Scott Represented By
Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Perry C Robertson Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
1:30 PM
Docket 1
Debtor(s):
Rovinski Renter Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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
Docket 129
Debtor(s):
Steven Zamarripa Represented By Andy C Warshaw
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 44
Debtor(s):
Elisha L. Cornforth Represented By Christopher J Langley Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 73
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
Docket 39
Debtor(s):
Margaret Latoya Broadnax Represented By Steven A Alpert
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 124
Debtor(s):
Charoletta Brinetta Green Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
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
Docket 88
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
Docket 79
Debtor(s):
Amber R. Armendariz Represented By Gregory Ashcraft
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 54
Debtor(s):
Josephine Abad Gaerlan Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 15
Debtor(s):
Cecilia Leonard Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Henry Frederick Ramey Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 6
Debtor(s):
Mary L Lee Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 5
Debtor(s):
Glenda Renee Murphy Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Maria Arellano Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Diane Kay Backovich Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Agustin Martin Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Maxine J. Levander Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Jerome C. Adamo Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
James Henry Achuff Jr. Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 96
Debtor(s):
Tamela Rochelle Cash-Curry Represented By Andrew Moher
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2014 Toyota Camry
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 41
Debtor(s):
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
CATAMOUNT PROPERTIES 2018 VS DEBTOR
Property: 5812 San Sevaine Road, Rancho Cucamonga, CA 91739 [UD] Amelia Valenzuela, attorney/movant
Docket 20
Debtor(s):
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
CATAMOUNT PROPERTIES 2018 VS DEBTOR
Property: 5812 San Sevaine Road, Rancho Cucamonga, CA 91739 [UD] Amelia Valenzuela, attorney/movant
Docket 23
Debtor(s):
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
Docket 2
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
2:30 PM
Docket 2
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
8:30 AM
RE: 2020 Toyota Corolla
Docket 10
Debtor(s):
Christian Santos Rivera Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
8:30 AM
RE: 2020 Toyota Corolla
Docket 11
Debtor(s):
Shawn Macky Edward Loaiza Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Adv#: 6:21-01012 Grobstein v. Mehtar et al
(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):
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
AJAX MORTGAGE VS DEBTORS
Property: 26302 Monroe Street, Thermal, CA 92274 [Real Property] Reilly D. Wilkinson, attorney/movant
Docket 94
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
10:00 AM
Property: Superior Court Docket # BC690858
[Non Bk Forum] Edwin F. McPherson, attorney/movant
Docket 11
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
10:30 AM
Adv#: 6:21-01001 Liu et al v. Ha
Docket 1
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
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):
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
Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al
Docket 16
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
Trustee(s):
Elmer D Martin III Curtis C. Jung Clifford P Jung
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
1:30 PM
Adv#: 6:21-01001 Liu et al v. Ha
Docket 4
Debtor(s):
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
Adv#: 6:21-01001 Liu et al v. Ha
Docket 9
Debtor(s):
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
FROM: 8-19-20, 1-11-21
Docket 2
- NONE LISTED -
Debtor(s):
Ryan Eli Represented By
Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 2
- NONE LISTED -
Debtor(s):
Ryan Eli Represented By
Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
FROM: 9-2-20
Docket 0
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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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
The Trustee shall pay the secured claim of Sunnymead Ranch
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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mandatory chapter 13 form, Form F 3015-1.01.CHAPTER13.PLAN, or any plan provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
As used in this order, the term "Direct Payments" means (i) all
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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.
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).
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.
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
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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.
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.
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Debtor(s):
Asdrubal Diaz Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 2
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.
Debtor(s):
Asdrubal Diaz Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
10:00 AM
FROM: 9-2-20, 1-11-21
Docket 0
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]
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("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:
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.
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Starting June 17, 2021, the monthly plan payment is $2,304.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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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.
Interlineations:
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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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,
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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
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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.
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.
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
Docket 1
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.
Debtor(s):
Andre Jones Jr. Represented By Kristin R Lamar
Joint Debtor(s):
Helena Mercedes Jones Represented By
10:00 AM
Trustee(s):
Kristin R Lamar
Rod Danielson (TR) Pro Se
10:00 AM
FROM: 9-16-20, 1-11-21
Docket 2
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]
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("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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
Counsel for Debtors is awarded fees of $0; having previously received
$0, counsel is entitled to payment of $0 from the estate.
(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
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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.
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.
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.
Interlineations:
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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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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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.
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
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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).
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.
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
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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.
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.
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.
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Debtor(s):
Tracy Ann Davis Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 2
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.
Debtor(s):
Tracy Ann Davis Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
10:00 AM
FROM: 10-7-20, 1-11-21
Docket 1
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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("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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
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.
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.
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.
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.
Debtors must pay at least $46,667 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again
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and, in particular, the provisions governing post-confirmation matters.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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approximate amount of $750.88 per month. (Creditor: BMW Financial Services).
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.
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).
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.
Yearly Reports. Once a year, for any year in which the Debtors were
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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.
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.
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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
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Docket 2
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.
Debtor(s):
Thanh V Nguyen Represented By Daniel King
Joint Debtor(s):
Veronica Prado Represented By
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Trustee(s):
Daniel King
Rod Danielson (TR) Pro Se
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FROM: 10-7-20, 1-11-21
Docket 1
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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
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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.
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.
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.
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
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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.
Debtor(s):
Aurea Elisa Bolt Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Aurea Elisa Bolt Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
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FROM: 10-28-20, 2-8-21
Docket 2
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]
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("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:
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.
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Starting June 4, 2022, the monthly plan payment is $2,480.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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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.
Interlineations:
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.
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.
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.
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.
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.
Additional provisions:
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
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on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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payments directly to the creditor.
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.
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).
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.
Yearly Reports. Once a year, for any year in which the Debtors were
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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.
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
Debtor(s):
Carla Ewelan Represented By
Clifford Bordeaux
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 2
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.
Debtor(s):
Carla Ewelan Represented By
Clifford Bordeaux
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
11:00 AM
FROM: 4-8-20, 6-3-20, 7-29-20, 10-28-20, 2-8-21
Docket 6
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
Docket 6
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
FROM: 8-5-20, 10-28-20, 2-8-21
Docket 1
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
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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.
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
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
The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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.
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.
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
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).
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.
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
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.
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.
Debtor(s):
Garfield Stephen Flowers Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Docket 4
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.
Debtor(s):
Garfield Stephen Flowers Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
11:00 AM
FROM: 10-21-20, 2-8-21
Docket 2
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
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Docket 2
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
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Docket 38
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
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 12-16-20
Docket 53
- NONE LISTED -
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
Docket 1
- NONE LISTED -
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
FROM: 12-16-20
Docket 2
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]
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("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:
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.
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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the Trustee to object to any proof of claim.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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F 3015-1.02.NOTICE.341.LIEN.MOD.PLAN.CNFRM).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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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).
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.
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).
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
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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.
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.
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
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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.
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
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Docket 2
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.
Debtor(s):
Scott Curtis Pease Represented By Paul Y Lee
Joint Debtor(s):
Joyce Carol Pease Represented By
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Trustee(s):
Paul Y Lee
Rod Danielson (TR) Pro Se
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FROM: 12-16-20
Docket 2
- NONE LISTED -
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
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Docket 2
- NONE LISTED -
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
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FROM: 12-16-20
Docket 2
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]
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("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:
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.
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Starting November 22, 2021, the monthly plan payment is $2,780.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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the Trustee to object to any proof of claim.
Interlineations:
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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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confirmation of the Plan will create an automatic stay.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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
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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.
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).
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.
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
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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.
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.
Debtor(s):
Sheila Renee Spence Represented By Nancy Korompis
1:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Sheila Renee Spence Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
1:30 PM
FROM: 12-16-20
Docket 2
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
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The Plan is modified to comply with the requirements of the court’s
approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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(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).
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.
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).
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
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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.
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.
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
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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.
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.
Debtor(s):
Patrick James Lyons Represented By
Ethan Kiwhan Chin
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Patrick James Lyons Represented By
Ethan Kiwhan Chin
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
1:30 PM
FROM: 12-16-20
Docket 2
- NONE LISTED -
Debtor(s):
Fernando Rojas Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Fernando Rojas Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 12-16-20
Docket 2
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]
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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
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.
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.
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.
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.
Debtors must pay at least $27,267 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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
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on the absence of any lien avoidance, extinguishment, bifurcation or modification in this case whether by motion, adversary proceeding or otherwise.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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All payments for the automobile loan for the 2014 Ford F150 in the
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.
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.
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).
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
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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.
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.
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
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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.
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.
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
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Docket 2
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.
Debtor(s):
Ruben E. Moreno Jr Represented By Christine A Kingston
Joint Debtor(s):
Stephanie M. Moreno Represented By
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Trustee(s):
Christine A Kingston
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 12-16-20
Docket 2
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]
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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
The Trustee shall pay the priority claim of the Franchise Tax
Board in the amount of $2,862.14 at a rate no less than $47.70 per month for 60 months.
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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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,
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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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).
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.
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
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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.
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.
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
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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.
Debtor(s):
Elaine Pastrano Represented By Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
Debtor(s):
Elaine Pastrano Represented By Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
1:30 PM
FROM: 12-16-20
Docket 0
- NONE LISTED -
Debtor(s):
Emmanuel Carrera Represented By Omar Gastelum
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Emmanuel Carrera Represented By Omar Gastelum
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-30-20
Docket 1
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
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
Docket 2
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
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
[Property: 13553 Fullerton Lane, Victorville, CA 92392]
Docket 0
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
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
FROM: 12-30-20
Docket 1
- NONE LISTED -
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
RE: [2] Chapter 13 Plan (LBR F3015-1). FROM: 12-16-20
Docket 2
- NONE LISTED -
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
FROM: 12-30-20
Docket 1
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
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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.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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.
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
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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.
Debtor(s):
Thomas David Cossalter Represented By Michael T Reid
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Thomas David Cossalter Represented By Michael T Reid
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
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FROM: 12-30-20
Docket 1
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]
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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar addendum, that addendum is hereby disapproved. The F
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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.
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
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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.
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.
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
Docket 2
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.
Debtor(s):
Daniel Clay McMillin Represented By
Rabin J Pournazarian
Joint Debtor(s):
Agatha Ann McMillin Represented By
2:30 PM
Trustee(s):
Rabin J Pournazarian
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 12-30-20
Docket 1
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]
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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
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.
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.
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.
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.
Additional provisions:
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.
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No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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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.
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.
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).
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
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to 11 U.S.C. § 109(g)(1) (and other applicable law) or denial of discharge.
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.
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
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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.
Debtor(s):
Becky Lyn Hall Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Becky Lyn Hall Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 12-30-20
Docket 1
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
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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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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.
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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.
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.
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
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Docket 2
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.
Debtor(s):
Angel Luis Pena Jr. Represented By Dana Travis
Joint Debtor(s):
Carmen Milagros Pena Represented By
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Trustee(s):
Dana Travis
Rod Danielson (TR) Pro Se
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FROM: 1-13-21
Docket 0
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]
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("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:
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
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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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
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Interlineations:
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and
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shall not apply in this case.
Direct Payments and Related Matters
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)).
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.
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).
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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.
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.
If the Debtors later seek to convert this case to another chapter or to dismiss
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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.
Debtor(s):
Amy Lynn Goldenberg Represented By Sara E Razavi
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
Debtor(s):
Amy Lynn Goldenberg Represented By Sara E Razavi
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 1-13-21
Docket 2
- NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 11
- NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 1-13-21
Docket 6
- NONE LISTED -
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
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Docket 6
- NONE LISTED -
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
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FROM: 1-13-21
Docket 5
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]
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("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:
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.
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Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue
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Service in the amount of $5,385.84 at a rate no less than $89.76 per month for 60 months.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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
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by further court order.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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,
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2012.
If Attachment A, B, C or D is attached to the Plan (or any other
attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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
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.
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.
Debtor(s):
Yadira Sandra Santa Maria Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Docket 5
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.
Debtor(s):
Yadira Sandra Santa Maria Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
10:15 AM
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
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
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 47
- NONE LISTED -
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
Vivian Meng Represented By
11:00 AM
Trustee(s):
Christopher J Langley Michael Smith
Heidi M Cheng
Karl T Anderson (TR) Represented By Tinho Mang
Richard A Marshack
11:00 AM
Adv#: 6:20-01161 Bui v. Pillado
FROM: S/C 12-3-20, 3-11-21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
Docket 6
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
FROM: S/C 2-11-21, 3-25-21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
- NONE LISTED -
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
2:00 PM
Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants
Docket 1
- NONE LISTED -
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
2:30 PM
Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al
FROM: S/C 2-11-21, 3-11-21
Docket 1
- NONE LISTED -
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
2:30 PM
Trustee(s):
Curtis C. Jung Clifford P Jung
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
3:00 PM
Adv#: 6:20-01194 Daff v. American Express National Bank et al
FROM: 3-11-21, 4-5-21
Docket 14
- NONE LISTED -
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
Adv#: 6:20-01195 Daff v. Barclays US et al
FROM: 3-11-21, 4-5-21
Docket 14
- NONE LISTED -
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
Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al
FROM: 3-11-21, 4-5-21
Docket 11
- NONE LISTED -
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
Adv#: 6:20-01197 Daff v. Citibank, N.A. et al
FROM: 3-11-21, 4-5-21
Docket 14
- NONE LISTED -
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
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
FROM: 3-11-21, 4-5-21
Docket 10
- NONE LISTED -
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
Docket 81
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 ").
Debtor(s):
Paul Bojic Represented By
1:00 PM
Trustee(s):
Jenny L Doling Summer M Shaw
Howard B Grobstein (TR) Represented By David B Golubchik David B Golubchik
Anthony A Friedman
1:00 PM
Docket 82
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 ").
Debtor(s):
Paul Bojic Represented By
Jenny L Doling
1:00 PM
Trustee(s):
Summer M Shaw
Howard B Grobstein (TR) Represented By David B Golubchik David B Golubchik
Anthony A Friedman
1:00 PM
Docket 21
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 ").
Debtor(s):
Carmen Elizabeth Loera Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:00 PM
Docket 29
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:
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 ").
Debtor(s):
Leonard Serafin Represented By
Inez Tinoco-Vaca
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21
Docket 1
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 166
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
FROM: 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21
Docket 82
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 144
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Pascual Liera Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Kevin Hargrove Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Christopher John Uttecht Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Lillian Baker Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Minh The Doan Represented By Lyly Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Keith Fairbrother Represented By
Dennis A Rasmussen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 189
- NONE LISTED -
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
Docket 97
- NONE LISTED -
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
Docket 68
- NONE LISTED -
Debtor(s):
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
Docket 35
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 ").
2:00 PM
Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 36
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 ").
2:00 PM
Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Simon Sanchez Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 3
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Brian E Scott Represented By
Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Perry C Robertson Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Rovinski Renter Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 6
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 2-10-21
Docket 59
- NONE LISTED -
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
FROM: 2-10-21
Docket 60
- NONE LISTED -
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
FROM: 2-10-21
Docket 61
- NONE LISTED -
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
Docket 27
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:
Proof of Claim 8-1, page 17 of 36, filed by PennyMac Loan Services,
LLC;
Proof of Claim 4-1 Part 2, page 15 of 15, filed by Northrop Gumman Federal Credit Union; and
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).
Debtor(s):
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 0
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
FROM: 3-10-21
Docket 0
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2016 Toyota Highlander
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 112
- NONE LISTED -
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
TOYOTA LEASE TRUST VS DEBTORS
Property: 2018 Toyota RAV4
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 29
- NONE LISTED -
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
FIFTH THIRD BANK VS DEBTORS
Property: 2017 GMC Sierra 2500
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 56
- NONE LISTED -
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
Docket 7
- NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By Trang P Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
CASE DISCHARGE 4-15-21
Docket 87
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.
Debtor(s):
Chad Christian Calonder Represented By Javier H Castillo
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 66
- NONE LISTED -
Debtor(s):
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
CASE DISCHARGE: 3-22-21
Docket 1
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.
Debtor(s):
Sherri Jean Wynn Tanner Represented By Ronald W Ask
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 53
- NONE LISTED -
Debtor(s):
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
CASE DISCHARGE 4-15-21
Docket 1
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.
Debtor(s):
Jose Co Ong Represented By
Steven A Alpert
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
CASE DISCHARGE: 3-22-21
Docket 61
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.
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
Docket 1
- NONE LISTED -
Debtor(s):
Kathryn Dolores Svatos Represented By Michael E Clark
Trustee(s):
Rod Danielson (TR) Pro Se
3:15 PM
Docket 1
- NONE LISTED -
Debtor(s):
Kyle Christopher Core Represented By Mona V Patel
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
ACAR LEASING LTD VS DEBTORS
Property: 2018 Buick Enclave
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 33
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
SANTANDER CONSUMER USA VS DEBTOR
Property: 2020 Jeep Compass
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 10
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
FORD MOTOR CREDIT VS DEBTOR 2017 FORD ESCAPE
[Personal Prop] Shelly K. Ith, attorney/movant
Docket 10
Debtor(s):
Patricia Joan Maldonado Represented By Edgar P Lombera
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Property: 2014 Dodge Dart
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 9
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
Property: 2018 Mercedes-Benz C300W [Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
Debtor(s):
Raul Azcuenaga Represented By Antonio John Ibarra
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS DEBTOR
Property: 2020 Acura MDX
[Personal Prop] Vincent V. Frounjian, attorney/movant
Docket 8
Debtor(s):
Rene De La Parra Represented By Christopher Hewitt
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
FROM: S/C 1-14-21
Docket 1
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
Adv#: 6:20-01128 Loy et al v. Kenney
Docket 1
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
D Edward Hays
Julia Summer Evans Represented By
1:30 PM
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
Adv#: 6:20-01140 Loy et al v. Kenney
Docket 1
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
Julia Summer Evans Represented By
D Edward Hays
1:30 PM
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
Adv#: 6:20-01141 Loy et al v. Kenney
Docket 1
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
D Edward Hays
Austin Matelson Represented By
1:30 PM
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
11:00 AM
Docket 0
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
11:00 AM
Docket 51
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
3:00 PM
Docket 0
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
10:00 AM
Adv#: 6:19-01007 Anderson v. Gonzaga University
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):
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
Docket 616
- NONE LISTED -
Debtor(s):
Mark Technologies Corporation Represented By Eve H Karasik
Trustee(s):
Helen R. Frazer (TR) Represented By Elissa Miller Sulmeyer Kupetz
1:00 PM
Docket 58
- NONE LISTED -
Debtor(s):
Eva G. Camarena Represented By James C Shields
Trustee(s):
Howard B Grobstein (TR) Represented By Monserrat Morales Jeremy Faith
1:00 PM
[Property: 1050 Gabbro Way, Hemet, CA 92543]
Docket 34
- NONE LISTED -
Debtor(s):
Guadalupe Guzman Represented By John C Colwell
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:00 PM
Docket 79
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:
Trustee: fees of $5,650 and expenses of $1,058.95;
Rawson & Asssociates: fees of $250; and
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 ").
Debtor(s):
Matthew Ryan Crider Represented By
Robert B Rosenstein
1:00 PM
Joint Debtor(s):
Breanna Michelle Crider Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:00 PM
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
- NONE LISTED -
Debtor(s):
TTBGM, Inc Represented By
Thomas C Corcovelos
Trustee(s):
Arturo Cisneros (TR) Represented By Rika Kido
1:00 PM
Docket 65
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:00 PM
Docket 70
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:00 PM
Docket 13
- NONE LISTED -
Debtor(s):
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
Docket 105
- NONE LISTED -
Debtor(s):
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
FROM: 4-6-21
Docket 73
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:30 PM
Docket 77
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:30 PM
Docket 249
- NONE LISTED -
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
Docket 262
- NONE LISTED -
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
FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21, 4-20-21
Docket 1
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
3:00 PM
Adv#: 6:20-01142 Silva v. MIDFIRST BANK et al
Docket 36
- NONE LISTED -
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
FROM: 9-1-20, 10-6-20, 11-17-20, 1-12-21, 3-23-21
Docket 0
- NONE LISTED -
Debtor(s):
Dana Rae Burgess Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele
3:30 PM
FROM: 11-17-20, 1-12-21, 3-23-21
Docket 0
- NONE LISTED -
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
Docket 0
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Jose Gaspar Trujillo Represented By Stephen L Burton
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By Trang P Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Dawn Renee Tanner Represented By Matthew D. Resnik
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Shihal Howard Represented By Joshua L Sternberg
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Kimberly M Voskeritchian Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Lynnetta J Wright-Diaz Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Allan Wagner Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 79
- NONE LISTED -
Debtor(s):
Antonio R Ulit Jr. Represented By Gary J Holt
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 88
- NONE LISTED -
Debtor(s):
Otoniel Toledo Represented By Joseph A Weber
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 49
- NONE LISTED -
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
Docket 75
- NONE LISTED -
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
Docket 49
- NONE LISTED -
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
Docket 54
- NONE LISTED -
Debtor(s):
Mark A. Serrato Represented By Lionel E Giron
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 43
- NONE LISTED -
Debtor(s):
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Mia Susanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Pascual Liera Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 6
- NONE LISTED -
Debtor(s):
Kevin Hargrove Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Christopher John Uttecht Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Lillian Baker Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Garrick Carl Belser Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Minh The Doan Represented By Lyly Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Keith Fairbrother Represented By
Dennis A Rasmussen
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
ADVANCED FROM 5-19-21
Docket 46
- NONE LISTED -
Debtor(s):
Robert Girard Nolan Represented By Yelena Gurevich
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Property: 12855 Mallorca Way, Victorville, CA 92395 [Real Prop] Eric Enciso, attorney/movant
Docket 127
- NONE LISTED -
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
Docket 11
- NONE LISTED -
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
RE: 16 Hyundai Sonata
Docket 13
- NONE LISTED -
Debtor(s):
Luis Antonio Hernandez Cuevas Represented By
Irma C Coler
Trustee(s):
Steven M Speier (TR) Pro Se
8:30 AM
RE: 2018 Mercedes-Benz CLA Class
Docket 17
- NONE LISTED -
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
RE:2019 Honda Accord FROM: 3-11-21
Docket 8
- NONE LISTED -
Debtor(s):
Moises A Valladares Represented By Ruben Salazar
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
RE: 2016 Nissan Quest Wagon FROM: 3-11-21
Docket 15
- NONE LISTED -
Debtor(s):
Randall B Cotin Represented By Elaine O San Juan
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
GUILD MORTGAGE VS DEBTOR
Property: 1184 Teton Drive, Big Bear Lake, CA 92315 [Real Prop] Nancy Lee, attorney/movant
Docket 120
- NONE LISTED -
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
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2017 Toyota Higlander
[Personal Prop] Kristen Martinez, attorney/movant
Docket 9
- NONE LISTED -
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
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2019 Toyota Prius Prime
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 11
- NONE LISTED -
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
AMERICREDIT FINANCIAL SERVICES VS DEBTOR
Property: 2017 Chevrolet Camaro
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 10
- NONE LISTED -
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
AMERICAN HONDA FINANCE VS DEBTOR
Property: 2019 Honda Accord
[Personal Prop] Vincent V. Frounjian, attorney/movant
Docket 9
- NONE LISTED -
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
Adv#: 6:21-01025 United States Trustee for the Central District of v. Mares
Docket 1
- NONE LISTED -
Debtor(s):
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
FROM: 7-21-20, 10-20-20, 11-17-20, 3-9-21
Docket 0
- NONE LISTED -
Debtor(s):
Miguel A Nigo Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Adv#: 6:21-01012 Grobstein v. Mehtar et al
(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
- NONE LISTED -
Debtor(s):
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
Adv#: 6:21-01032 Forester et al v. CITIBANK N.A.
Docket 5
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
FROM: S/C 2-11-21, 3-25-21, 4-15-21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01184 Aguilar v. OneWest Bank FSB, successor in interest to Indymac
Docket 6
- NONE LISTED -
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
Adv#: 6:20-01128 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
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
Adv#: 6:20-01140 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
Adv#: 6:20-01141 Loy et al v. Kenney
Docket 1
- NONE LISTED -
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
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
Laila Masud
D Edward Hays
Trustee(s):
Howard B Grobstein (TR) Pro Se
3:00 PM
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
FROM: 3-11-21, 4-5-21, 4-15-21
Docket 10
- NONE LISTED -
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
10:00 AM
Adv#: 6:19-01006 Anderson v. Point Loma Nazarene University
Docket 1
Debtor(s):
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
FROM: 1-27-21
Docket 30
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.
Debtor(s):
Carlos Valdovinos Represented By Sundee M Teeple
Joint Debtor(s):
Geovanna A. Valdovinos Represented By Sundee M Teeple
1:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 30
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.
Debtor(s):
Carlos Valdovinos Represented By Sundee M Teeple
Joint Debtor(s):
Geovanna A. Valdovinos Represented By
1:30 PM
Trustee(s):
Sundee M Teeple
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 1-27-21
Docket 2
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
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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.
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Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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
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fees, domestic support obligations, etc.).
(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.
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
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tax returns and promptly provide the Trustee with copies.
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.
Interlineations:
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.
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.
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.
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.
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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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.
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.
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).
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.
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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.
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.
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Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
1:30 PM
Debtor(s):
Leticia Cisneros Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 1-27-21
Docket 2
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
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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.
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Therefore, the Court finds that the Plan meets the requirements of 11 U.S.C. § 1325 and, accordingly, the Court hereby ORDERS:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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
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fees, domestic support obligations, etc.).
(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.
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
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tax returns and promptly provide the Trustee with copies.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, this case does not involve any direct payments by the Debtors to any creditors.
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.
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.
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.
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Debtor(s):
Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
1:30 PM
Debtor(s):
Nemesis Gissel Ortiz Mcqueen Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 1-27-21
Docket 2
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
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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. §
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1325 and, accordingly, the Court hereby ORDERS:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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
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fees, domestic support obligations, etc.).
(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.
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
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tax returns and promptly provide the Trustee with copies.
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.
Interlineations:
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.
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.
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.
Gross income over $70,000 is pledged to the Plan less tax deductions.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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.
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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.
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).
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.
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,
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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.
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.
Debtor(s):
Charles A. Runge Represented By Gary S Saunders
1:30 PM
Joint Debtor(s):
Irma E. Runge Represented By Gary S Saunders
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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.
1:30 PM
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
FROM: 1-27-21
Docket 2
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
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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. §
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1325 and, accordingly, the Court hereby ORDERS:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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.).
(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
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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.
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.
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
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the Trustee to object to any proof of claim.
Interlineations:
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.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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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).
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.
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
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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.
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.
Debtor(s):
D'Aniel Anthony Causey Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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.
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Debtor(s):
D'Aniel Anthony Causey Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 1-27-21
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 1-27-21
Docket 1
- NONE LISTED -
Debtor(s):
Johnny Lam Nguyen Represented By Rex Tran
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Johnny Lam Nguyen Represented By Rex Tran
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 1-27-21
Docket 2
- NONE LISTED -
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
Docket 2
- NONE LISTED -
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
FROM: 2-10-21
Docket 1
- NONE LISTED -
Debtor(s):
Sandra K. Shea Represented By Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 6
- NONE LISTED -
Debtor(s):
Sandra K. Shea Represented By Neil R Hedtke
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 2-10-21
Docket 7
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
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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. §
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1325 and, accordingly, the Court hereby ORDERS:
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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
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fees, domestic support obligations, etc.).
(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.
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
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tax returns and promptly provide the Trustee with copies.
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.
Interlineations:
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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confirmation of the Plan will create an automatic stay.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
If the Plan includes addendum F 3015-1.1.ADDENDUM or any similar
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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).
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.
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
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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).
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.
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
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.
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.
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
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.
2:30 PM
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 2-10-21
Docket 2
- NONE LISTED -
Debtor(s):
Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Michelle Renee Maria Andrade Represented By Barry E Borowitz Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
8:30 AM
RE: 2020 Toyota Corolla FROM: 4-8-21
Docket 10
- NONE LISTED -
Debtor(s):
Christian Santos Rivera Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
8:30 AM
RE: 2020 Toyota Corolla FROM: 4-8-21
Docket 11
- NONE LISTED -
Debtor(s):
Shawn Macky Edward Loaiza Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
AJAX MORTGAGE VS DEBTORS
Property: 26302 Monroe Street, Thermal, CA 92274 [Real Property] Reilly D. Wilkinson, attorney/movant
FROM: 4-8-21
Docket 94
- NONE LISTED -
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
Property: Superior Court Docket # BC690858
[Non Bk Forum] Edwin F. McPherson, attorney/movant FROM: 4-8-21
Docket 11
- NONE LISTED -
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
Adv#: 6:20-01176 Moreno et al v. Mirabella Investments Group, LLC
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01033 Cisneros v. ConocoPhillips Corporation et al
FROM: S/C 6-11-20, 11-19-20, 2-25-21
Docket 1
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
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
1:30 PM
Adv#: 6:20-01029 Bui et al v. Shih et al
FROM: S /C 6-11-20, 8-6-20
Docket 1
- NONE LISTED -
Debtor(s):
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
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
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 1
- NONE LISTED -
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
Trustee(s):
Michael Smith Heidi M Cheng
Karl T Anderson (TR) Represented By Tinho Mang
Richard A Marshack Chad V Haes
1:30 PM
Adv#: 6:20-01144 Simons v. Loera
FROM: S/C 12-3-20
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01183 Daff v. Avilez
FROM: S/C 2-11-21
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
- NONE LISTED -
Debtor(s):
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
Docket 110
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
[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
- NONE LISTED -
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
FROM: 6-30-20, 9-15-20, 11-17-20, 1-26-21, 5-23-21
Docket 22
- NONE LISTED -
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
Docket 96
- NONE LISTED -
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
FROM: 6-24-20, 7-14-20, 10-6-20, 1-8-21, 1-15-21, 2-25-21
Docket 17
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
FROM: 11-18-20, 1-15-21, 2-26-21
Docket 75
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
Docket 4
Debtor(s):
Garfield Stephen Flowers Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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
Docket 2
Debtor(s):
Michelle Wendy Stern Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Asdrubal Diaz Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
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
Docket 1
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
Docket 2
Debtor(s):
Michelle M. LuVisi Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Tracy Ann Davis Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
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
Docket 2
Debtor(s):
Kevin E. Mitchell Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Marcio A. Kubaski Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Aurea Elisa Bolt Represented By
Hasmik Jasmine Papian
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Jose Jesus Nungaray Represented By
L. Tegan Rodkey
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Raphael Chavez Mesa Jr. Represented By Edward G Topolski
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Rose Ann Bomentre Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
Debtor(s):
Joseph S Dews Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Marilyn Lanzon Tan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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
Docket 2
Debtor(s):
Carla Ewelan Represented By
Clifford Bordeaux
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 0
Debtor(s):
Chris Pagtakhan Represented By Andrew Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
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
Docket 2
Debtor(s):
Esmeralda Quezada Mejia Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 1
Debtor(s):
Christopher Perez Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Hugh Alexander Duncan Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
David Lopez Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Sheila Renee Spence Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Patrick James Lyons Represented By
Ethan Kiwhan Chin
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Elaine Pastrano Represented By Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Thomas David Cossalter Represented By Michael T Reid
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Becky Lyn Hall Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
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
Docket 2
Debtor(s):
Amy Lynn Goldenberg Represented By Sara E Razavi
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 5
Debtor(s):
Yadira Sandra Santa Maria Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 4
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
Docket 72
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
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
Docket 0
- NONE LISTED -
Debtor(s):
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
Docket 2
- NONE LISTED -
Debtor(s):
Daniel Alfred Vera Jr. Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Daniel Alfred Vera Jr. Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Victoria Zopfi Represented By Laleh Ensafi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Victoria Zopfi Represented By Laleh Ensafi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Sharon A Waddy Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Sharon A Waddy Represented By Joselina L Medrano
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
Debtor(s):
Shontae Hill Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Shontae Hill Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Gena Rae Munoz Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Gena Rae Munoz Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Heather Lindsey Rodriguez Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Heather Lindsey Rodriguez Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
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
Docket 0
- NONE LISTED -
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
1:00 PM
Docket 24
- NONE LISTED -
Debtor(s):
Maria Barajas Represented By Eric C Morris
Melissa A Raskey
Trustee(s):
Charles W Daff (TR) Pro Se
1:00 PM
Docket 165
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
Docket 82
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 ").
Debtor(s):
Barbara Jean Sleigh Represented By Robert L Firth
1:00 PM
Trustee(s):
Robert Whitmore (TR) Pro Se
1:00 PM
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
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 ").
1:00 PM
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
Docket 92
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:
Trustee: fees of $5,266.70 and expenses of $495.81;
Malcolm & Cisneros: fees of $20,000 and expenses of $296.21; and
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 ").
Debtor(s):
Lorena Liliana Molina-Lopez Represented By Gary S Saunders Baruch C Cohen
1:00 PM
Trustee(s):
Arturo Cisneros (TR) Represented By William Malcolm Christina J Khil
1:00 PM
Docket 119
- NONE LISTED -
Debtor(s):
Alta Home Care, Inc. Represented By Justin E Rawlins
Trustee(s):
Arturo Cisneros (TR) Represented By Leonard M Shulman Rika Kido
1:00 PM
Docket 26
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 ").
1:00 PM
Debtor(s):
Donovan Ray Sebastian Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
1:00 PM
Docket 80
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:
Trustee: fees of $12,950.76;
Marshack Hays LLP: fees of $18,733 and expenses of $295.77; and
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 ").
1:00 PM
Debtor(s):
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
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
- NONE LISTED -
Debtor(s):
TTBGM, Inc Represented By
Thomas C Corcovelos
Trustee(s):
Arturo Cisneros (TR) Represented By Rika Kido
1:00 PM
Docket 20
- NONE LISTED -
Debtor(s):
Rebecca Serrato Represented By Sundee M Teeple
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:00 PM
Docket 96
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:30 PM
FROM: 12-3-19, 11-17-20
Docket 80
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
Docket 472
- NONE LISTED -
Debtor(s):
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
FROM: 2-9-21
Docket 126
- NONE LISTED -
Debtor(s):
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
Docket 19
- NONE LISTED -
Debtor(s):
Jose Gaspar Trujillo Represented By Stephen L Burton
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 15
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 ").
2:00 PM
Debtor(s):
Loil Michael Petersen Pro Se
Joint Debtor(s):
Barbara Lianne Armstrong-Petersen Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
2:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Gina Marie Stafford Represented By Matthew Donahue Keith Q Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:30 PM
Docket 0
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 ").
Debtor(s):
Rocio Solache-Gil Represented By Jaime A Cuevas Jr.
2:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
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
Docket 1
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Carolyn Moran Herrera Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Larry Travis Represented By
Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Renee Lynda Moritz Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 46
- NONE LISTED -
Debtor(s):
Robert Girard Nolan Represented By Yelena Gurevich
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 49
- NONE LISTED -
Debtor(s):
Clifford Davis Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Gaspar Trujillo Represented By Stephen L Burton
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By Trang P Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Anthony Gerard Figurski II Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
2:00 PM
Docket 16
- NONE LISTED -
Debtor(s):
Dawn Renee Tanner Represented By Matthew D. Resnik
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Shihal Howard Represented By Joshua L Sternberg
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
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
Docket 2
- NONE LISTED -
Debtor(s):
Kimberly M Voskeritchian Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Lynnetta J Wright-Diaz Represented By Nancy Korompis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Allan Wagner Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
FROM: 11-18-20
Docket 28
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
Docket 79
- NONE LISTED -
Debtor(s):
Antonio R Ulit Jr. Represented By Gary J Holt
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
ADVANCED FROM 6-2-21
Docket 76
- NONE LISTED -
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
STANDER CONSUMER USA VS DEBTOR
Property: 2015 Kia Forte
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 52
- NONE LISTED -
Debtor(s):
Kevin E. Mitchell Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Property: E-Trade Financial Corporation/E-Trade Securities [Personal Prop] Ben-Thomas Hamilton, attorney/movant
Docket 18
- NONE LISTED -
Debtor(s):
Allan Wagner Represented By Jonathan D Doan
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
R & D PROPERTIES VS DEBTOR
Property: 12340 Telephone Ave, Chino, CA 91710 [Real Prop] Thomas B. Ure, attorney/movant
Docket 24
- NONE LISTED -
Debtor(s):
Renee Lynda Moritz Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Property: 2013 Kia Sorento
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 12
- NONE LISTED -
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
NISSAN MOTOR ACCEPTANCE VS DEBTOR
Property: 2017 Nissan Pathfinder
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 7
- NONE LISTED -
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
SANTANDER CONSUMER USA VS DEBTOR
Property: 2014 Dodge Grand Caravan [Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
- NONE LISTED -
Debtor(s):
Tiarra Rae Laws Represented By
Rabin J Pournazarian
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
AMERICREDIT FINANCIAL SERVICES VS DEBTOR
Property: 2019 Chevrolet Trax
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
- NONE LISTED -
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
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
FROM: S/C 1-14-21, 4-22-21
Docket 1
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
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
Docket 21
- NONE LISTED -
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
Docket 177
- NONE LISTED -
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
Docket 104
- NONE LISTED -
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
Docket 97
- NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Represented By
Michael Jay Berger
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:00 PM
Docket 20
- NONE LISTED -
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
Docket 14
- NONE LISTED -
Debtor(s):
Rhonda Lynn Fletcher Represented By Sundee M Teeple
Trustee(s):
Larry D Simons (TR) Pro Se
1:00 PM
Docket 13
- NONE LISTED -
Debtor(s):
Hilario De La Cruz Represented By Keith Q Nguyen
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Ricky Coburn Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Ella Mae Boykin Represented By Robert J Spitz
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Kathleen Virginia Clark Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
David Scott Mehrtens Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Donald Raymond Shippy Represented By Todd L Turoci
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Luis Jesus Estrada Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
- NONE LISTED -
Debtor(s):
Michelle Buoniconti Represented By Christopher J Langley Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 117
- NONE LISTED -
Debtor(s):
Ramiro Jimenez Represented By
L. Tegan Rodkey
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 75
- NONE LISTED -
Debtor(s):
Willetta Harmon Williams Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 120
- NONE LISTED -
Debtor(s):
Cicely Ann Biggers Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 38
- NONE LISTED -
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
Docket 76
- NONE LISTED -
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
Docket 54
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
J Anthony Bakaleinikoff II Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
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
Docket 1
- NONE LISTED -
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
Docket 1
- NONE LISTED -
Debtor(s):
Louis R Fernandez Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Maximino Fragroso Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Carolyn Moran Herrera Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Larry Travis Represented By
Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Renee Lynda Moritz Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
REVERSE MORTGAGE FUNDING VS DEBTOR
Property: 31242 Orange Avenue, Nuevo, CA 92567 [Real Prop] Eric Enciso, attorney/movant
Docket 62
- NONE LISTED -
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
RE: 2018 Dodge Truck Ram 1500 Pickup Crew Cab Tradesman
Docket 11
- NONE LISTED -
Debtor(s):
Jamaal Anthony Lamb Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Property: 2017 Ford F550
[Personal Prop] Josephine E. Salmon, attorney/movant
Docket 11
- NONE LISTED -
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
U.S. BANK NATIONAL VS DEBTOR Property: 2019 Chevrolet Truck Equinox 2WD
[Personal Prop] Robert P. Zahradka, attorney/movant
Docket 9
- NONE LISTED -
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
DEUTSCHE BANK NATIONAL TRUST VS DEBTORS
Property: 9151 Hamilton Street, Rancho Cucamonga, CA 91701 [Real Prop] Eric Enciso, attorney/movant
Docket 17
- NONE LISTED -
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
Property: 2016 Dodge Journey SE Utility 4D [Personal Prop] Marjorie M. Johnson, attorney/movant
Docket 14
- NONE LISTED -
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
Property: 2019 Toyota Yaris
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 10
- NONE LISTED -
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
HYUNDAI MOTOR FINANCE VS DEBTOR
Property: 2019 HYUNDAI Sonata
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
- NONE LISTED -
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
FROM: 5-6-20, 7-24-20, 10-23-20, 1-8-21, 1-15-21, 2-26-21, 5-13-21
Docket 110
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
Adv#: 6:21-01032 Forester et al v. CITIBANK N.A.
Docket 1
- NONE LISTED -
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
[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
- NONE LISTED -
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
Adv#: 6:21-01038 Bui et al v. TVT 2.0, LLC, a Utah Limited Liability Company et
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
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
TVT 2.0, LLC, a Utah Limited Pro Se
David Rubin Pro Se
Plaintiff(s):
Lynda Bui Represented By
Ryan D O'Dea
10:30 AM
Elmer D Martin III Leonard M Shulman
East West Bank Represented By Elmer D Martin III Curtis C. Jung
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
10:30 AM
Adv#: 6:21-01037 Bui et al v. SPG Advance LLC, a New York Limited Liability Comp
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 per 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
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
SPG Advance LLC, a New York Pro Se
Lazer Preizler Pro Se
Burech Weinstock Pro Se
Plaintiff(s):
Lynda Bui Represented By
Ryan D O'Dea
10:30 AM
Elmer D Martin III Leonard M Shulman
East West Bank Represented By Elmer D Martin III Curtis C. Jung
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
10:30 AM
Adv#: 6:21-01036 Bui et al v. ML Factors Funding Limited Liability Company, a Ne
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 per 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
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
ML Factors Funding Limited Pro Se
Samuel Selmar Pro Se
Plaintiff(s):
Lynda Bui Represented By
Ryan D O'Dea
10:30 AM
Elmer D Martin III Leonard M Shulman
East West Bank Represented By Elmer D Martin III Curtis C. Jung
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
10:30 AM
Adv#: 6:21-01033 Whitmore, Chapter 7 Trustee v. Robinson
Docket 1
NONE LISTED -
Debtor(s):
Raymond Howard Pro Se
Defendant(s):
Phyl Robinson Pro Se
Plaintiff(s):
Robert S. Whitmore, Chapter 7 Represented By Hydee J Riggs
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
10:30 AM
Adv#: 6:21-01026 United States Trustee for the Central District of v. Gilbert
Docket 1
NONE LISTED -
Debtor(s):
Gregory K Gilbert Represented By Rhonda Walker
Defendant(s):
Gregory K Gilbert Pro Se
Plaintiff(s):
United States Trustee for the Central Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:30 AM
Adv#: 6:21-01039 Frealy v. Miller
U.S.C § 544(b) and Cal. Civ Code §§ 3439.04(a) and 3439.07]; (2) Avoidance of fraudulent transfer [11 U.S.C. § 548 (a)(1)(A); (3) Avoidance of fraudulent transfer [11 U.S. C. § 548 (a) (B)(i) and (ii(I)];
(4) Turnover and accounting of estate's property [11 U.S.C. § 542; (5) Recovery of avoided transfer [11 U.S.C. § 550 (a)]; and (6) Automatic preservation of avoided transfer [11 U.S.C. § 551]
Docket 1
NONE LISTED -
Debtor(s):
Robert Alexander Miller Represented By
Ethan Kiwhan Chin
Defendant(s):
Ronda S. Miller Pro Se
Plaintiff(s):
Todd A. Frealy Represented By
Michelle A Marchisotto
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
1:30 PM
Adv#: 6:20-01181 Bui et al v. KINGS CASH GROUP, LLC et al
Docket 40
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
KINGS CASH GROUP, LLC Represented By Timothy W Evanston Lei Lei Wang Ekvall Shanna M Kaminski
KALAMATA CAPITAL GROUP Represented By
Misty A Perry Isaacson Patricia B Jefferson
Albert Gahfi Represented By
Timothy W Evanston Lei Lei Wang Ekvall Shanna M Kaminski
DOES 1-2 Pro Se
1:30 PM
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 Ryan D O'Dea
1:30 PM
Adv#: 6:20-01189 Howard M. Ehrenberg, Solely in his capacity as cha v. Zalmanoff
Docket 23
NONE LISTED -
Debtor(s):
Philmar Care, LLC Represented By Ashley M McDow
Defendant(s):
Shraga Zalmanoff Pro Se
Plaintiff(s):
Howard M. Ehrenberg, Solely in his Represented By
Daniel A Lev Asa S Hami Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel Claire K Wu Asa S Hami
1:30 PM
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
Docket 23
NONE LISTED -
Debtor(s):
Juvenal Mora Represented By
James D. Hornbuckle
Defendant(s):
Brandon Gordon Represented By
James D. Hornbuckle
Monica Gordon Represented By
James D. Hornbuckle
Maria Acosta Represented By
James D. Hornbuckle
Michael Mora Represented By
James D. Hornbuckle
David Beas Represented By
James D. Hornbuckle
Joint Debtor(s):
Rosario M. Mora Represented By
James D. Hornbuckle
1:30 PM
Plaintiff(s):
A. Cisneros (TR) Represented By Claudia Coleman Tinho Mang
D Edward Hays Chad V Haes
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
2:00 PM
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
NONE LISTED -
Debtor(s):
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
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
Debtor(s):
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
Adv#: 6:20-01108 NextGear Capital v. Aziz
FROM: 6-3-21
Docket 1
Debtor(s):
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
1:00 PM
Docket 80
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:
Trustee: fees of $11,134.90 and expenses of $166.01; and
Lewis Brisbois Bisgaard & Smith LLP: fees of $20,074.50 and expenses of $424.35.
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 ").
Debtor(s):
Malcolm Owens Represented By Christopher Hewitt
Trustee(s):
Karl T Anderson (TR) Represented By
1:00 PM
Lovee D Sarenas Maria L Garcia Amy L Goldman
1:00 PM
Docket 102
In preparing for this hearing, it would assist the Court if the parties were prepared to address the following issues. In paragraph 13 of his declaration, the trustee states "I am concerned that the Amended Agreement does not specifically address the resolution of the claims alleged in the Lawsuit." The Court assumes the term "Lawsuit" in the declaration refers to the litigation initiated by GGRP in June of 2018 in the San Bernardino Superior Court, Case No. CIVDS1814666.
Assuming as much, the statement by the trustee is perplexing. Paragraph 3.1(f) of the amended settlement agreement specifically states that claims of the debtor "shall be deemed released and the State Court Action dismissed with prejudice." Although the phrase "State Court Action" is an undefined term, it appears to be a synonym for Lawsuit.
Similarly, paragraph 3.4 of the amended settlement agreement states that the "Forged Deed shall be deemed rescinded and the Trustee shall have the authority . . . to remove the Forged Deed from the chain of title to the Property."
So how could the trustee be confused about how the amended agreement impacted the Lawsuit/State Court Action?
In addition, paragraph 3.1(b) and (d) of the amended agreement clearly state that "the transfer represented by the Foreclosure Sale and Deed after Sale shall be avoided, recovered, and preserved by the Trustee for the benefit of the Estate;" and "title to the Property shall be vested in the name of ‘Larry D. Simons, Chapter 7
1:00 PM
Trustee for the Bankruptcy Estate of Raul Carrillo and Acela Carrillo’".
So why is the new amendment and new motion necessary?
Or stated differently, doesn’t the new amendment contradict the provisions in paragraphs 3.1(b), 3.1(d) and 3.4? Doesn’t the amendment substantially alter the agreement previously approved by the Court?
How could the Court reconcile the latest proposed amendment with the existing terms of the previously approved agreement?
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
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, 5-18-21
Docket 166
NONE LISTED -
Debtor(s):
TTBGM, Inc Represented By
Thomas C Corcovelos
Trustee(s):
Arturo Cisneros (TR) Represented By Rika Kido
1:00 PM
Docket 65
NONE LISTED -
Debtor(s):
FORTUNAUTO 13, LLC Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay
1:00 PM
Docket 78
The tentative ruling of the Court is to deny the motion without prejudice because the debtor was not served pursuant to LBR 2091-1(c)(1).
Debtor(s):
FORTUNAUTO 13, LLC Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay
1:00 PM
Docket 13
No appearances are required. The Court will issue a written ruling shortly. No oral argument is necessary. All appearances are excused.
Debtor(s):
Armando Sanchez Ochoa Represented By Daniel King
Joint Debtor(s):
Beatriz Ramirez De Sanchez Represented By Daniel King
Movant(s):
Armando Sanchez Ochoa Represented By Daniel King
Beatriz Ramirez De Sanchez Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:00 PM
Docket 8
No appearances are required. The Court will issue a written ruling shortly. No oral argument is necessary. All appearances are excused.
Debtor(s):
James Allen Gross Represented By
H. Christopher Heritage
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Docket 165
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 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 ").
1:30 PM
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
1:30 PM
FROM: 6-1-21
Docket 177
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 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 ").
Debtor(s):
Dana Rae Burgess Pro Se
1:30 PM
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello William N Lobel Michael R Adele Jeffrey I Golden
1:30 PM
Docket 104
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.
Their work has produced sufficient funds to pay all creditors in full. Well done!
Pursuant to the trustee's final report, the following administrative claims will be allowed:
Trustee: total fees of $12,625 of which $1,482.02 remains to be paid and total expenses of $87.50 of which $87.50 remains to be paid.
Marshack Hays LLP: total fees of $49,371.80 of which $8,398.80 remains to be paid and total expenses of $2,396.70 of which $343.93 remains to be paid.
SLBiggs: fees of $4,022 and expenses of $151.90.
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 ").
Debtor(s):
John Michael Boyce Pro Se
1:30 PM
Joint Debtor(s):
Tamra Sue Boyce Pro Se
Trustee(s):
Larry D Simons (TR) Represented By David Wood Laila Masud
1:30 PM
Docket 20
The Court thanks the trustee for his efforts in securing a short sale in this
case. Short sales can provide a benefit for creditors. However, in some cases, trustees contemplate that all (or most of) the net proceeds shall be paid entirely to administrative creditors. In such cases, creditors would not benefit from a short sale.
Therefore, prior to the hearing, the trustee should review a sale order entered by the Court in similar circumstances (involving a short sale) in the case of In re Heath Carr, 17-14622 on November 12, 2020 [docket #111]. In particular, the trustee should review paragraph 10 of that sale order. Is the trustee comfortable including in the sale order in this case the following language:
Not less than 40% of the net proceeds of sale (after payment of all closing costs, escrow fees, broker’s commission, valid secured liens, exemptions, if any, and other customary sale expenses) shall be used to pay non-administrative creditors in this case. Up to 60% of the net proceeds of sale ("Admin. Portion") may be used to pay the Trustee’s fee for selling the Property and all attorney’s fees and other professional expenses associated with the recovery, administration and sale of the Property. To the extent that the Admin. Portion is insufficient to pay all of the Trustee’s fees arising from the sale of the Property or other administrative costs (such as attorney’s fees and costs arising from the recovery, administration and sale of the Property), such Trustee fees, attorneys’ fees and professional expenses are deemed waived and shall not be paid from any other property of the estate.
Debtor(s):
Mary Catherine Jones Represented By
1:30 PM
Aaron Lloyd
Joint Debtor(s):
Willie Jones Jr. Represented By Aaron Lloyd
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Docket 14
NONE LISTED -
Debtor(s):
Rhonda Lynn Fletcher Represented By Sundee M Teeple
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Docket 107
NONE LISTED -
Debtor(s):
Carlton P Collins-Cepeda Represented By Todd L Turoci
Joint Debtor(s):
Charmaine Collins-Cepeda Represented By Todd L Turoci
2:00 PM
Docket 0
NONE LISTED -
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
Docket 105
NONE LISTED -
Debtor(s):
Pro Installs Appliance Installations, Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
Docket 9
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 ").
Debtor(s):
Ana R Tucker Pro Se
2:00 PM
Movant(s):
United States Trustee (RS) Represented By Ali Matin
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:30 PM
FROM: 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21, 4-20-21
Docket 82
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:30 PM
Docket 144
NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:30 PM
Docket 166
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Trustee(s):
Arturo Cisneros (TR) Pro Se
3:00 PM
FROM: 3-9-21, 3-23-21
Docket 281
NONE LISTED -
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
3:00 PM
Docket 276
NONE LISTED -
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
3:00 PM
Docket 306
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 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 ").
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe
3:00 PM
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
3:30 PM
Docket 0
NONE LISTED -
Debtor(s):
Roger Frank Wilson Represented By Gary J Holt
Joint Debtor(s):
Ernest Dean Spielman Represented By Gary J Holt
Trustee(s):
Karl T Anderson (TR) Represented By Peter M Schwaetz
R Gibson Pagter Jr. Misty A Perry Isaacson
3:30 PM
Docket 20
NONE LISTED -
Debtor(s):
Mary Ann Sultan Represented By Aaron Lloyd
Joint Debtor(s):
Howard Allen Sultan Represented By Aaron Lloyd
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01108 NextGear Capital v. Aziz
FROM: 6-3-21, 6-9-21
Docket 1
NONE LISTED -
Debtor(s):
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
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Terry Ann Johnson Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Travis Leonardi Represented By
Trang Phuong Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Lindita Pirgu Represented By
C Scott Rudibaugh
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Carlos G Limon Represented By
Richard L. Sturdevant
Joint Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
David Arthur Montague Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Levi L. Hampton Represented By Julie J Villalobos
Joint Debtor(s):
Gail D Hampton Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 143
NONE LISTED -
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
Docket 61
NONE LISTED -
Debtor(s):
Hector M Salazar Represented By Rebecca Tomilowitz
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 89
NONE LISTED -
Debtor(s):
William Coleman Represented By Christopher J Langley Michael Smith
Joint Debtor(s):
Afua P Owusu-Banahene Represented By Christopher J Langley Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 72
NONE LISTED -
Debtor(s):
Derik A. Dill Represented By
Christine A Kingston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 64
NONE LISTED -
Debtor(s):
William Albert Hoffman Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 66
NONE LISTED -
Debtor(s):
Mark A. Serrato Represented By Lionel E Giron
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 59
NONE LISTED -
Debtor(s):
Clifford Davis Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Debtor(s):
Ricky Coburn Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Debtor(s):
Ella Mae Boykin Represented By Robert J Spitz
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Kathleen Virginia Clark Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
David Scott Mehrtens Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Donald Raymond Shippy Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Luis Jesus Estrada Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
HOME POINT FINANCIAL VS DEBTOR
Property: 5575 Bridle Court, Fontana, CA 92336 [Real Prop] Eric P. Enciso, attorney/movant
Docket 46
NONE LISTED -
Debtor(s):
Rochelle M Cox Represented By Christopher J Langley Michael Smith
Movant(s):
Home Point Financial Represented By Robert P Zahradka Sean C Ferry
Eric P Enciso
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Jared Michael Streeter Represented By Richard G Heston
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
FROM: 7-22-20, 9-23-20, 10-7-20, 12-9-20, 1-13-21
Docket 0
NONE LISTED -
Debtor(s):
Romeo Abelita Apelo Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA VS DEBTORS
Property: 2015 Jeep Grand Cherokee [Personal Prop] Sheryl K. Ith, attorney/movant
Docket 131
NONE LISTED -
Debtor(s):
Gilbert C Ramirez Jr. Represented By Summer M Shaw
Joint Debtor(s):
Patricia M Ramirez Represented By Summer M Shaw
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo Cisneros Todd A Frealy
10:00 AM
Property: 2019 Chevrolet Suburban
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 31
NONE LISTED -
Debtor(s):
Raymond Paul Horspool Jr. Represented By Todd L Turoci
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Represented By Todd A Frealy
10:00 AM
TOYOTA MOTOR CREDIT VS DEBTORS
Property: 2020 Toyota Corolla
[Personal Prop] Kirsten Martinez, attorney/movant
Docket 7
NONE LISTED -
Debtor(s):
Brandon Smith Represented By Todd L Turoci
Joint Debtor(s):
Dalia Smith Represented By
Todd L Turoci
Movant(s):
Toyota Motor Credit Corporation Represented By
Kirsten Martinez
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2020 Toyota Camry
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 7
NONE LISTED -
Debtor(s):
Pedro Pantoja Jr. Represented By Todd L Turoci
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Property: 2019 Chevrolet Corvette
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 9
NONE LISTED -
Debtor(s):
Jacob Benjermin Barraza Represented By Brian J Soo-Hoo
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Sheryl K Ith
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Adv#: 6:20-01197 Daff v. Citibank, N.A. et al
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
FROM: S/C 3-11-21
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01195 Daff v. Barclays US et al
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
FROM: S/C 3-11-21
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01196 Daff v. Chase Bank U.S.A., N.A. et al
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
FROM: S/C 3-11-21
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01194 Daff v. American Express National Bank et al
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
FROM: S/C 3-11-21
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01200 Daff v. Adelanto Millworks, LLC et al
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
FROM: S/C 3-11-21
Docket 1
NONE LISTED -
Debtor(s):
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
11:00 AM
Robert P Goe
1:30 PM
Adv#: 6:20-01167 Bui et al v. ML Factors Funding LLC et al
FROM: S/C 1-7-21, 2-11-21, 2-25-21
Docket 1
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
Lazer Preizler Pro Se
Baruch Weinstock Pro Se
Samuel Selmar Pro Se
Asher Fensterheim Pro Se
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
1:30 PM
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
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
FROM: S/C 1-14-21
Docket 1
The Court thanks counsel for the parties for filing the stipulation on June 9, 2021 [docket #31]. The Court needs the assistance of counsel for the parties to evaluate the matter further. The Court is not entirely certain how to interpret the stipulation and reconcile it with other data.
While not entirely clear, the stipulation could be interpreted as indicating that counsel presently has the ability to practice law but would prefer not to focus on this adversary proceeding. Another potential interpretation of the stipulation is that counsel needs to suspend his practice and entirely avoid practicing law for some period of time. Further elaboration would be helpful.
The stipulation does indicate (among other things) that, on April 7, 2021, counsel for the defendants requested an initial 45-day extension of the deadline to respond to discovery. After that day, it appears that the requesting attorney filed at least 37 bankruptcy cases in various divisions of the bankruptcy court for various debtors (2:21-bk-12995-NB, 2:21-bk-13103-BB, 2:21-bk-13105-BR, 2:21-bk-13107- BB, 2:21-bk-13144-SK, 6:21-bk-12050-SY, 6:21-bk-12051-SY, 6:21-bk-12052-WJ, 6:21-bk-12053-MH, 6:21-bk-12054-WJ, 6:21-bk-12091-WJ, 6:21-bk-12092-WJ,
6:21-bk-12093-SC, 6:21-bk-12094-SY, 8:21-bk-10989-MW, 6:21-bk-12225-SY,
6:21-bk-12226-MH, 6:21-bk-12290-MH, 6:21-bk-12291-WJ, 6:21-bk-12292-MH,
2:21-bk-13680-BR, 2:21-bk-13695-ER, 6:21-bk-12636-SY, 6:21-bk-12772-SY,
6:21-bk-12824-MH, 6:21-bk-12825-MH, 6:21-bk-12826-SY, 6:21-bk-12827-SC,
6:21-bk-12828-SY, 6:21-bk-12879-SC, 6:21-bk-12880-SC, 8:21-bk-11424-MW,
1:30 PM
8:21-bk-11434-ES, 2:21-bk-14760-BR, 2:21-bk-14761-BR, 2:21-bk-14762-ER and
2:21-bk-14764-BB). These 37 cases have been filed during the approximate 60-day period since April 7th to the present. During that period of time, approximately 45 business days have passed, which suggests that counsel has apparently filed one new bankruptcy case with this court (on average) nearly every business day since April 7th. The Court is uncertain how to reconcile this data with the stipulation.
Therefore, it would assist the Court if counsel is prepared to discuss these issues at the hearing. It would also assist the Court if the parties could indicate when counsel for the defendants provided the initial disclosures required in paragraph 3(m) of the order of the Court entered on January 15, 2021.
The parties are reminded that counsel must appear in person at trials and pre- trial conferences.
Debtor(s):
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
1:30 PM
Trustee(s):
Tinho Mang
D Edward Hays
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang
1:30 PM
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
Docket 23
The Court thanks counsel for the parties for filing the stipulation on June 9, 2021 [docket #31]. The Court needs the assistance of counsel for the parties to evaluate the matter further. The Court is not entirely certain how to interpret the stipulation and reconcile it with other data.
While not entirely clear, the stipulation could be interpreted as indicating that counsel presently has the ability to practice law but would prefer not to focus on this adversary proceeding. Another potential interpretation of the stipulation is that counsel needs to suspend his practice and entirely avoid practicing law for some period of time. Further elaboration would be helpful.
The stipulation does indicate (among other things) that, on April 7, 2021, counsel for the defendants requested an initial 45-day extension of the deadline to respond to discovery. After that day, it appears that the requesting attorney filed at least 37 bankruptcy cases in various divisions of the bankruptcy court for various debtors (2:21-bk-12995-NB, 2:21-bk-13103-BB, 2:21-bk-13105-BR, 2:21-bk-13107- BB, 2:21-bk-13144-SK, 6:21-bk-12050-SY, 6:21-bk-12051-SY, 6:21-bk-12052-WJ, 6:21-bk-12053-MH, 6:21-bk-12054-WJ, 6:21-bk-12091-WJ, 6:21-bk-12092-WJ,
6:21-bk-12093-SC, 6:21-bk-12094-SY, 8:21-bk-10989-MW, 6:21-bk-12225-SY,
6:21-bk-12226-MH, 6:21-bk-12290-MH, 6:21-bk-12291-WJ, 6:21-bk-12292-MH,
2:21-bk-13680-BR, 2:21-bk-13695-ER, 6:21-bk-12636-SY, 6:21-bk-12772-SY,
6:21-bk-12824-MH, 6:21-bk-12825-MH, 6:21-bk-12826-SY, 6:21-bk-12827-SC,
6:21-bk-12828-SY, 6:21-bk-12879-SC, 6:21-bk-12880-SC, 8:21-bk-11424-MW,
8:21-bk-11434-ES, 2:21-bk-14760-BR, 2:21-bk-14761-BR, 2:21-bk-14762-ER and
1:30 PM
2:21-bk-14764-BB). These 37 cases have been filed during the approximate 60-day period since April 7th to the present. During that period of time, approximately 45 business days have passed, which suggests that counsel has apparently filed one new bankruptcy case with this court (on average) nearly every business day since April 7th. The Court is uncertain how to reconcile this data with the stipulation.
Therefore, it would assist the Court if counsel is prepared to discuss these issues at the hearing. It would also assist the Court if the parties could indicate when counsel for the defendants provided the initial disclosures required in paragraph 3(m) of the order of the Court entered on January 15, 2021.
The parties are reminded that counsel must appear in person at trials and pre- trial conferences.
Debtor(s):
Juvenal Mora Represented By
James D. Hornbuckle
Defendant(s):
Brandon Gordon Represented By
James D. Hornbuckle
Monica Gordon Represented By
James D. Hornbuckle
Maria Acosta Represented By
James D. Hornbuckle
Michael Mora Represented By
James D. Hornbuckle
David Beas Represented By
James D. Hornbuckle
Joint Debtor(s):
Rosario M. Mora Represented By
James D. Hornbuckle
1:30 PM
Plaintiff(s):
A. Cisneros (TR) Represented By Claudia Coleman Tinho Mang
D Edward Hays Chad V Haes
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
1:30 PM
Adv#: 6:20-01039 Dani Transport Services, Inc. v. Complete Business Solutions Group aka
FROM: S/C 7-2-20, P/T 2-11-21, 2-25-21
Docket 1
NONE LISTED -
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
Adv#: 6:20-01172 Lake v. Cramer
Docket 1
NONE LISTED -
Debtor(s):
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
1:30 PM
Adv#: 6:20-01145 Farrell v. United States Department Of Education
Docket 1
NONE LISTED -
Debtor(s):
Robert Farrell Represented By
J. Luke Hendrix
Defendant(s):
United States Department Of Represented By Elan S Levey
Plaintiff(s):
Robert Farrell Represented By
J. Luke Hendrix
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:20-01156 Anderson v. Paulson
Docket 1
NONE LISTED -
Debtor(s):
Donald Ray Paulson Represented By Ronald W Ask
Defendant(s):
Donald Ray Paulson Represented By Ronald W Ask
Plaintiff(s):
Karl T. Anderson Represented By Tinho Mang
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Tinho Mang
1:30 PM
Adv#: 6:20-01164 A. Cisneros, Chapter 7 Trustee v. Garland
Docket 1
NONE LISTED -
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
1:30 PM
Adv#: 6:20-01165 A. Cisneros, Chapter 7 Trustee v. Paradyme Funding, Inc., a California
Docket 1
NONE LISTED -
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
1:30 PM
Adv#: 6:21-01047 Liu et al v. Ha
Docket 4
NONE LISTED -
Debtor(s):
Long Hung Ha Represented By Leslie A Cohen
Defendant(s):
Long Hung Ha Represented By Leslie A Cohen
Plaintiff(s):
Sanping Liu Represented By
Felix T Woo
Kesheng Liu Represented By
Felix T Woo
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe
1:30 PM
Adv#: 6:21-01040 Allan v. Mortgage Electronic Registration System, Inc et al
Docket 5
NONE LISTED -
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Defendant(s):
Mortgage Electronic Registration Pro Se Wilmington Savings Fund Society, Represented By
Erin M McCartney
Plaintiff(s):
Michelle Allan Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
1:45 PM
Adv#: 6:19-01154 MCDUFFIE v. Moreno Valley Ranch Community Association
FROM: S/C 2-6-20, P/T 7-23-20, 11-19-20, 2-25-21
Docket 1
NONE LISTED -
Debtor(s):
ANTHONY JEROME MCDUFFIE Represented By
David A Akintimoye
Defendant(s):
Moreno Valley Ranch Community Pro Se
Joint Debtor(s):
PRECIOUS ANN LEE Represented By
David A Akintimoye
Plaintiff(s):
ANTHONY JEROME MCDUFFIE Represented By
David A Akintimoye
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Adv#: 6:18-01246 Karl T. Anderson CPA, Inc. v. State of Illinois Department of Revenue
FROM: S/C 4-11-19, P/T 12-5-19, 6-25-20, 9-17-20
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
State of Illinois Department of Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
2:00 PM
Adv#: 6:18-01249 Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-13-19, 7-15-19, 7-30-19,
6-25-20, P/T 9-17-20
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Director, Division of Taxation of the Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
2:00 PM
Adv#: 6:18-01245 Karl T. Anderson CPA, Inc. v. Georgia Department of Revenue and Lynnette
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-24-25, P/T 9-17-20
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Georgia Department of Revenue and Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
2:00 PM
Adv#: 6:19-01159 Bui v. TPH OC, LLC et al
FROM: S/C 2-6-20, P/T 9-24-20, 11-19-20
Docket 1
NONE LISTED -
Debtor(s):
Tranaya Watson LLC Represented By Omero Banuelos
Defendant(s):
TPH OC, LLC Pro Se
BPRD Trading LLC Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Rafael R Garcia-Salgado
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman
2:30 PM
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
FROM: S/C 1-14-21, 4-22-21, 5-20-21
Docket 1
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
2:30 PM
Adv#: 6:20-01168 Dela Cruz et al v. Wilmington Trust, National Association, as success
Docket 21
NONE LISTED -
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
2:30 PM
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
NONE LISTED -
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
2:30 PM
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
NONE LISTED -
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
2:30 PM
Adv#: 6:16-01158 Herrera v. Herrera
FROM: 2-23-18, 2-26-18, 7-20-18, 8-23-18, 10-19-18, 11-2-18, 12-7-18,
6-14-19, 6-28-19, 8-1-19, 9-12-19, 10-24-19, 3-12-20, 4-23-20, 7-9-20, 8-20-20,
12-10-20
Docket 1
NONE LISTED -
Debtor(s):
Victor Herrera Represented By Yolanda Flores-Burt
Defendant(s):
Victor Herrera Represented By Yolanda Flores-Burt
Plaintiff(s):
Maria A. Herrera Represented By Michael N Berke
Trustee(s):
Karl T Anderson (TR) Pro Se
3:00 PM
Adv#: 6:20-01183 Daff v. Avilez
FROM: S/C 2-11-21, 5-13-21
Docket 1
NONE LISTED -
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
3:00 PM
Adv#: 6:20-01183 Daff v. Avilez
Docket 14
NONE LISTED -
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
3:00 PM
Adv#: 6:20-01183 Daff v. Avilez
FROM: 3-25-21
Docket 0
NONE LISTED -
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
10:30 AM
Docket 0
Debtor(s):
Caroline Jean Harper Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
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FROM: 11-18-21, 3-8-21
Docket 0
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 March 8, 2021, the Court entered a scheduling order [docket #30] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for June 28, 2021 at 10:00 a.m.
On June 9, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #49] ("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 4 of the Order, counsel for the Debtors then filed a pleading on June 10, 2021 [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 #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 June 28, 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
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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 June 28, 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:
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.
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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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
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contrary or inconsistent terms of the Plan.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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approximate amount of $386 per month. (Creditor: TD Auto Finance).
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.
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).
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.
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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.
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
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default under the terms of the Plan, the local rules or other applicable law.
Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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Debtor(s):
Robert Frank Gonzales Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 10-21-20, 2-8-21, 4-12-21
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 April 12, 2021, the Court entered a scheduling order [docket #62] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for June 28, 2021 at 11:00 a.m.
On June 16, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #76] ("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 #15] ("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 June 17, 2021 [docket #77] agreeing with the Trustee’s terms in the Statement and the worksheet. All objections to confirmation have been withdrawn.
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 June 28, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting September 22, 2020, the monthly plan payment is $1,508. Starting December 22, 2020, the monthly plan payment is $4,157.
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 $241,473. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $500, counsel is entitled to payment of $4,500 from the estate at a rate no more than $450 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.).
(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,
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $4,523.25 at a rate no less than $75.39 per month for 60 months.
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $15,509.48 at a rate no less than
$258.49 per month for 60 months.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such
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creditors.
The parties believe that the payment to Hero is part of the mortgage payment that is being paid by the Trustee.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
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The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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 Dodge Ram in the approximate amount of $629.82 per month. (Creditor: SchoolsFirst Federal 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 to creditor Wells Fargo Bank. The payment for January of 2021 shall be $2,413.99 and then in February of 2021 the payment decreases to $2,218.46 per month for the rest of the plan. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
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
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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).
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.
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
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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.
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.
Abandoned Property.
As discussed on the record and as set forth in the Procedures Order, the 2017 Toyota Avalon and the 2012 Chrysler 200 (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
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Abandoned Property from collecting against any non-debtor co-obligor in any manner.
Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
FROM: 12-30-20, 4-12-21
Docket 1
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 April 13, 2021, the Court entered a scheduling order [docket #61] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for June 28, 2021 at 11:00 a.m.
On June 9, 2021, pursuant to paragraph 3 of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #67] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on November 2, 2020 [docket #2] ("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 June 18, 2021 [docket #70] 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 June 28, 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
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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 June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting December 2, 2020, the monthly plan payment is $2,225. Starting February 2, 2021, the monthly plan payment is $4,437.
The due date for each payment is the 2nd 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 $261,796. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
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.).
(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
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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.
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.
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.
Interlineations:
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
As discussed on the record, the Debtors do not seek to avoid,
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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(collectively, "Direct Payments"):
All payments for the automobile loan for the 2019 Chevy Camaro in the approximate amount of $392.24 per month. (Creditor: Capital One Auto Finance).
All payments for the automobile loan for the 2017 Jeep Cherokee in the approximate amount of $398.66 per month. (Creditor: TD Auto Finance).
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 $2,031.94 per month to the creditor Carrington Mortgage Services. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
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,
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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).
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.
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
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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.
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.
Abandoned Property.
As discussed on the record and as set forth in the Procedures Order, all timeshares and the 2017 Dodge Ram (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.
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Debtor(s):
Thomas Anthony Zabala Represented By Dana Travis
Joint Debtor(s):
Pamela Jean Zabala Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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Debtor(s):
Thomas Anthony Zabala Represented By Dana Travis
Joint Debtor(s):
Pamela Jean Zabala Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 2-24-21
Docket 2
NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By
Gary S Saunders - SUSPENDED -
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Dolores Marina Mendez Represented By
Gary S Saunders - SUSPENDED -
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 2-24-21
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 15, 2021, 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 June 28, 2021 at 1:30 p.m.
On June 9, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #27] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on December 31, 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 June 10, 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 #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 June 28, 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
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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 June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,627 commencing on February 1, 2021. 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 $97,620. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
Counsel for Debtors is awarded fees of $6,000; having previously received $1,490, counsel is entitled to payment of $4,510 from the estate at a rate no
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more than $451 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.).
(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
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enters an order regarding such objection.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 2021 Toyota Highlander in the approximate amount of $803.89 per month. (Creditor: Toyota Motor Credit Corporation).
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.
With Court permission, the Bankruptcy Code often permits debtors to
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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).
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.
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)
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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.
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.
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
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Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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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
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FROM: 2-24-21
Docket 2
NONE LISTED -
Debtor(s):
Mia Susanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Mia Susanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 2-24-21
Docket 1
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 15, 2021, 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 June 28, 2021 at 1:30 p.m.
On June 16, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #51] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on June 11, 2021 [docket #43] ("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 June 17, 2021 [docket #52] agreeing with the Trustee’s terms in the Statement and the worksheet. All objections to confirmation have been resolved.
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 June 28, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 4, 2021, the monthly plan payment is $3,900. Starting May 4, 2021, the monthly plan payment is $4,300.
Starting July 4, 2021, the monthly plan payment is $6,305.
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 $367,075. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $1,187, counsel is entitled to payment of $3,813 from the estate at a rate no more than $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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the secured claim of American Honda Finance Corporation in the amount of $1,007.62 at a rate no less than $19.02 per month for 60 months with interest at the rate of 5% per annum.
The Trustee shall pay the secured claim of 2nd Change Mortgages in the amount of $188,591.40 at a rate no less than
$4,169.90 per month for 57 months with interest at the rate of 10% per annum.
The Trustee shall pay the secured claim of MidFirst Bank in the amount of $4,586.60 at a rate no less than $81.40 per month for
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60 months with interest the rate of 2.5% per annum.
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.
Debtors must pay at least $8,000 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
Any and all provisions in the Plan purporting to immediately discharge
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any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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
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an approved form by the judges of this district on June 1, 2012.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 Honda Accord in the approximate amount of $491.52 per month. (Creditor: American Honda 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 2021 in the approximate amount of $1,337.42 per month to the creditor MidFirst Bank. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
With Court permission, the Bankruptcy Code often permits debtors to
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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).
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.
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)
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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.
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.
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
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1:30 PM
Docket 1
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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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
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FROM: 2-24-24
Docket 1
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 15, 2021, the Court entered a scheduling order [docket #21] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for June 28, 2021 at 1:30 p.m.
On June 9, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #55] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on June 3, 2021 [docket #47] ("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 June 22, 2021 [docket #56] 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 June 28, 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
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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 June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 4, 2021, the monthly plan payment is $2,776. Starting March 4, 2021, the monthly plan payment is $6,767.
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 $402,029. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $10,917.57 at a rate no less than
$181.96 per month for 60 months.
The Trustee shall pay the secured claim of JPMorgan Chase Bank in the amount of $15.23 at a rate no less than $15.23 per month for one month.
The Trustee shall pay the secured claim of US Bank in the amount of $19,510.36 at a rate no less than $377.18 per month for 60 months with interest at the rate of 6% per annum.
Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being
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made by the Trustee within seven days of Plan confirmation.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and
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shall not apply in this case.
Direct Payments and Related Matters
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 March of 2021 in the approximate amount of $3,098.40 per month to the creditor JPMorgan Chase.
Likewise, the Trustee shall commence making the monthly payments for the junior mortgage for the same property in March of 2021 in the approximate amount of
$573.29 per month to the creditor Unify Financial Federal Credit Union. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to both creditors. Other than those few payments by the Debtors prior to March 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.
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.
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
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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).
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.
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.
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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.
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.
Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 1
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
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Debtor(s):
Carlos R. Garcia-Prieto Represented By Cynthia A Dunning
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 3-10-21
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Movant(s):
Patricia Ann Doublet Represented By Benjamin R Heston Benjamin R Heston
Trustee(s):
Steven M Speier (TR) Pro Se
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FROM: 3-10-21
Docket 1
- NONE LISTED -
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
2:30 PM
Docket 1
- NONE LISTED -
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
2:30 PM
FROM: 3-10-21
Docket 1
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 3-10-21, 4-21-21
Docket 0
- NONE LISTED -
Debtor(s):
Vito Joseph Palmisano Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 3-10-21
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 25, 2021, 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 June 28, 2021 at 2:30 p.m.
On June 9, 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 January 14, 2021 [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 June 10, 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 June 28, 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
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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 June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 14, 2021, the monthly plan payment is $2,250. Starting July 14, 2021, the monthly plan payment is $2,779.
The due date for each payment is the 14th 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 $164,095. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $500 at a rate no less than $15.15 per month for 33 months.
The Trustee shall pay the secured claim of LoanCare LLC in the amount of $310.90 at a rate no less than $310.90 per month for one month.
Additional provisions:
As discussed on the record, the Debtors do not seek to avoid,
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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
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(collectively, "Direct Payments"):
All payments for the senior mortgage against the residence of the Debtors in the approximate amount of $2,538.01 per month. (Creditor: Loancare LLC).
All payments for the automobile loan for the 2018 Tesla Model S in the approximate amount of $1,157.80 per month. (Creditor: TD Auto Finance).
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.
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).
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
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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.
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.
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
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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.
Abandoned Property.
As discussed on the record and as set forth in the Procedures Order, the real property located at 1474 East 56th Street, Los Angeles, CA ("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.
Debtor(s):
Martin Romo Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
2:30 PM
Debtor(s):
Martin Romo Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 3-10-21
Docket 1
- NONE LISTED -
Debtor(s):
Jose Viera Mendoza Represented By Siamak E Nehoray
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Jose Viera Mendoza Represented By Siamak E Nehoray
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 3-10-21
Docket 2
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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
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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 25, 2021, 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 June 28, 2021 at 2:30 p.m.
On June 9, 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 amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on June 5, 2021 [docket #34] ("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 June 21, 2021 [docket #39] 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 June 28, 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
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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 June 28, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 22, 2021, the monthly plan payment is $658. Starting March 22, 2021, the monthly plan payment is $19,183. Starting April 22, 2021, the monthly plan payment is $3,337.
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 $213,387. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $500, counsel is entitled to payment of $4,500 from the estate at a rate no more than $76 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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the secured claim of Wells Fargo Home Mortgage in the amount of $25,659.35 at a rate no less than
$427.66 per month for 60 months.
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.
Additional provisions:
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
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The Plan is modified to comply with the requirements of the court’s
approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
As discussed on the record, the Debtors will be responsible for making
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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. (Creditor: CALHFA Mortgage Assistance).
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 $2,437.52 per month to the creditor Wells Fargo Home Mortgage. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
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
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confirmed Plan and avoid a default under the Plan and section 1328(a).
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.
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
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Direct Payments.
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.
Debtor(s):
James Richard Church Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 0
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/1611560371 Meeting ID: 161 156 0371
Password: 682193
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.
2:30 PM
Debtor(s):
James Richard Church Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
3:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Samuel Temanutai Coromandel Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
12:00 PM
Docket 0
The Court thanks counsel for the Debtor for filing the second amended plan of reorganization (docket #94) and the redline. Counsel should review the following comments and contemplate whether the following changes to the plan (docket #94) are acceptable:
Page 2, line 6; change "This Plan . . ." to "This document . . . "
Page 2, line 10; change "The Plan may provide for . . ." to "The Plan provides for . . ."
Page 13, lines 7-9; delete the following sentences: "A hearing on the motion to approve the Cash Collateral Stipulation is currently scheduled for February 23, 2021 at 1:00 p.m. On March 8, 2021, the Bankruptcy Court entered a Scheduling Order which approved the Cash Collateral Stipulation. [Dkt. 57]." And replace both sentences with the following one sentence: "On April 26, 2021, the Bankruptcy Court entered an order which approved the use of cash collateral. [Dkt. 76]."
Page 20: delete all language on lines 5-9 and replace it with the following: "General unsecured claims are unsecured claims not entitled to priority under Bankruptcy Code § 507(a). Under the plan, all general unsecured claims (whether or not listed in the chart below) are classified as Class 4 Claims. As stated below, all allowed Class 4 Claims (whether or not listed in the chart below) will be paid in full and any disputes regarding claims which the parties cannot resolve will be resolved by the Court. The following chart identifies creditors which the Debtor believes hold Class 4 Claims which the Debtor believes are entitled to vote and/or receive
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distributions under the Plan."
Page 24, lines 21-22: delete the following language: "provided, however, that such reserve shall not be required for Disputed Claims that are Disallowed under this Plan." And end the sentence at "in full."
Page 24, lines 24-27: delete the following sentence: "Except as specifically provided for in the Plan with respect to the Secured Claims of PPB and the SBA, in the order confirming the Plan, or in some other order of the Bankruptcy Court, interest shall not accrue on Claims and no Holder of a Claim shall be entitled to interest accruing on or after the Petition Date on any Claim."
Page 25, lines 19-21: delete the following sentence: "After such date, the claim shall be deemed Disallowed and the monies otherwise payable on account of such claim shall revest in the Reorganized Debtor free and clear of all claims and interest."
Page 29, lines 16-19: change paragraph (g) to read as follows: "(g) hear and determine all applications for compensation and reimbursement of expenses of Professionals under this Plan or under sections 330, 331, 503(b) and 1129(a)(4) of the Bankruptcy Code; provided, however, fees and expenses of the Reorganized Debtor that accrue after the Effective Date, including professional fees, shall be paid in the ordinary course of business and shall not be subject to the approval of the Bankruptcy Court;"
Page 37, lines 19-24; delete the following sentences: "If the Reorganized Debtor or Disbursing Agent defaults in the performance of any of its payment obligations to any secured creditor, then the secured creditor will provide written notice of the default to the Reorganized Debtor. If such default is not cured within 15 days of the date that such written notice was provided, then the secured creditor shall be entitled to file a declaration and obtain an order lifting the automatic stay without opposition from the Reorganized Debtor."
Debtor(s):
CGC-Mroz Accountants & Advisors Represented By
Ian Landsberg
12:00 PM
Trustee(s):
Caroline Renee Djang (TR) Pro Se
1:00 PM
Docket 629
- NONE LISTED -
Debtor(s):
Mark Technologies Corporation Represented By Eve H Karasik
Trustee(s):
Helen R. Frazer (TR) Represented By Elissa Miller Sulmeyer Kupetz
1:00 PM
Docket 218
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. This was a remarkable case which produced a vast recovery for creditors. All allowed claims were paid in full and the surplus for the debtors is very substantial. The efforts of the professionals were incredibly productive and the Court is quite thankful. Well done!
Pursuant to the trustee's final report, the following administrative claims will be allowed:
Trustee: total fees of $42,955.33 of which $23,500.51 remains to be paid and total expenses of $352.12 of which $352.12 remains to be paid.
Zamora & Hoffmeier APC: total fees of $91,850 of which $16,585 remains to be paid and total expenses of $2,550.08 of which $357.30 remains to be paid.
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
Debtor(s):
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
1:00 PM
Docket 484
- NONE LISTED -
Debtor(s):
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 Kristine A Thagard
1:00 PM
Docket 107
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.
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 ").
Debtor(s):
Raul Carrillo Represented By
W. Derek May
1:00 PM
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
Docket 14
- NONE LISTED -
Debtor(s):
Global Pacific Management, LLC Represented By
J. Luke Hendrix
1:00 PM
Docket 23
- NONE LISTED -
Debtor(s):
Ana Isabel Salazar Represented By Khushwant Sean Singh
Trustee(s):
Larry D Simons (TR) Pro Se
1:00 PM
Docket 13
- NONE LISTED -
Debtor(s):
Sean M. Berg Represented By
Freddie V Vega
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
FROM: 5-4-21
Docket 105
- NONE LISTED -
Debtor(s):
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
2:30 PM
Docket 249
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Amelia Puertas-Samara
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Cheryl S Chang
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:30 PM
FROM: 3-24-20, 5-12-20, 6-23-20, 8-4-20, 10-6-20, 1-12-21, 4-20-21, 5-4-21
Docket 1
- NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Amelia Puertas-Samara
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
3:00 PM
Adv#: 6:20-01142 Silva v. MIDFIRST BANK et al
FROM: 5-4-21
Docket 36
- NONE LISTED -
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
4:00 PM
FROM: 11-17-20, 1-12-21, 3-23-21, 5-4-21
Docket 0
- NONE LISTED -
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
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Eric Flores Represented By
Andy Nguyen
Joint Debtor(s):
Briza Flores Represented By
Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Jerry Allen Holland Represented By Brad Weil
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Benigno Gonzalez Fuentes Represented By Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 53
- NONE LISTED -
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
2:00 PM
Docket 92
- NONE LISTED -
Debtor(s):
Andres Joel Torres Represented By
D Justin Harelik
Joint Debtor(s):
Regina Suzette Torres Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 96
- NONE LISTED -
Debtor(s):
Rita Ann Jones Represented By Michael Jay Berger
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 44
- NONE LISTED -
Debtor(s):
Laura Louise Roberge Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 114
- NONE LISTED -
Debtor(s):
Henry L Vinson Jr. Represented By Brian J Soo-Hoo
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 63
- NONE LISTED -
Debtor(s):
Jose Francisco Raygoza Represented By Juanita V Miller
Joint Debtor(s):
Monica De Raygoza Represented By Juanita V Miller
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 84
- NONE LISTED -
Debtor(s):
Ronald Earl Dorsey Jr Represented By Chris A Mullen
Joint Debtor(s):
Laura Francine Dorsey Represented By Chris A Mullen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 60
Debtor(s):
Magaly Farias Represented By Patricia A Mireles
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Terry Ann Johnson Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Travis Leonardi Represented By
Trang Phuong Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Lindita Pirgu Represented By
C Scott Rudibaugh
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Simon Sanchez Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Carlos G Limon Represented By
Richard L. Sturdevant
Joint Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 13
- NONE LISTED -
Debtor(s):
Mark Alan Roybal Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
- NONE LISTED -
Debtor(s):
Levi L. Hampton Represented By Julie J Villalobos
Joint Debtor(s):
Gail D Hampton Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
Louis R Fernandez Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
- NONE LISTED -
Debtor(s):
David Arthur Montague Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 21
Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Movant(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
FROM 6-30-21 AT 2:30 P.M.
Docket 60
A hearing in this case was originally scheduled for today at 2:00 p.m. That hearing has been moved to 4:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1605886128 Meeting ID: 160 588 6128
Password: 167410
Debtor(s):
Magaly Farias Represented By Patricia A Mireles
Trustee(s):
Rod Danielson (TR) Pro Se
4:00 PM
FROM 6-30-21 AT 2:30 P.M.
Docket 21
A hearing in this case was originally scheduled for today at 2:30 p.m. That hearing has been moved to 4:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1605886128 Meeting ID: 160 588 6128
Password: 167410
Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Movant(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
BRITTANY SMITH AND RLI INSURANCE VS DEBTOR
Property: Palm Springs Court Docket Number PSC000503 [Non Bk Forum] Emily Ruby, attorney/movant
Docket 32
- NONE LISTED -
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
10:00 AM
Property: 2017 Hyundai Elentra GT Personal Prop: Erica Loftis, attorney/movant
Docket 12
- NONE LISTED -
Debtor(s):
Jenny Griselda Garcia Represented By Dana Travis
Movant(s):
Bridgecrest Credit Company, LLC Represented By
Erica T Loftis Pacheco
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:30 AM
Adv#: 6:21-01046 The State Bar of California v. Roark
Docket 1
The initial status conference in this adversary proceeding was originally scheduled for today at 10:30 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Jeremy Nathan Roark Represented By Richard L Barrett
Defendant(s):
Jeremy Nathan Roark Pro Se
Plaintiff(s):
The State Bar of California Represented By Suzanne C Grandt
Trustee(s):
Steven M Speier (TR) Pro Se
10:30 AM
Adv#: 6:21-01043 Frealy v. Wasson
(2) Avoid and recover preferential transfers; (3) Avoid and recover post-petition transfers; (4) To preserve recovered transfers for benefit of debtor's estate; and
(5) Disallowance of any claims held by defendant including claim number 38
Docket 1
The initial status conference in this adversary proceeding was originally scheduled for today at 10:30 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Accelerating Ministries Represented By Michael Jay Berger
Amelia Puertas-Samara
Defendant(s):
Wallace Burl Wasson Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Anthony A Friedman
Trustee(s):
Todd A. Frealy (TR) Represented By
10:30 AM
Philip A Gasteier Carmela Pagay William Brown III
10:30 AM
Adv#: 6:21-01047 Liu et al v. Ha
Docket 1
- NONE LISTED -
Debtor(s):
Long Hung Ha Represented By Leslie A Cohen
Defendant(s):
Long Hung Ha Pro Se
Plaintiff(s):
Sanping Liu Represented By
Felix T Woo
Kesheng Liu Represented By
Felix T Woo
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe
10:30 AM
Adv#: 6:21-01041 Simplified Labor Staffing Solutions, Inc. v. Stopani
Docket 1
The initial status conference in this adversary proceeding was originally scheduled for today at 10:30 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Adrian Laguna Represented By Joseph M Tosti
Defendant(s):
Cynthia Stopani Pro Se
Joint Debtor(s):
Cynthia B Stopani Represented By Joseph M Tosti
Plaintiff(s):
Simplified Labor Staffing Solutions, Represented By
Daniel J McCarthy
10:30 AM
Trustee(s):
Clayton J Hix Rodney Lasher
Karl T Anderson (TR) Pro Se
10:30 AM
Adv#: 6:21-01040 Allan v. Mortgage Electronic Registration System, Inc
Docket 1
- NONE LISTED -
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Defendant(s):
Mortgage Electronic Registration Pro Se
Plaintiff(s):
Michelle Allan Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 47
The hearing regarding the motion for stay or abstention of this adversary proceeding was originally scheduled for today at 11:00 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
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
11:00 AM
Plaintiff(s):
Richard Meng Represented By Christopher J Langley Michael Smith
Heidi M Cheng
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
11:00 AM
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 1
The status conference in this adversary proceeding was originally scheduled for today at 11:00 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Leon Richard Mays Represented By Edward T Weber
Defendant(s):
Leon Richard Mays Pro Se
Darryl W Daniels Pro Se
Joint Debtor(s):
Darryl W Daniels Represented By Edward T Weber
Plaintiff(s):
Richard Meng Represented By Christopher J Langley
11:00 AM
Vivian Meng Represented By
Christopher J Langley
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
AJAX MORTGAGE VS DEBTORS
Property: 26302 Monroe Street, Thermal, CA 92274 [Real Property] Reilly D. Wilkinson, attorney/movant
FROM: 4-8-21, 5-13-21
Docket 94
- NONE LISTED -
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
1:30 PM
Adv#: 6:20-01160 Tran v. Rojas
Docket 1
- NONE LISTED -
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
Adv#: 6:20-01160 Tran v. Rojas
Docket 37
- NONE LISTED -
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
Adv#: 6:20-01160 Tran v. Rojas
FROM: 6-17-21
Docket 1
- NONE LISTED -
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
Adv#: 6:21-01036 Bui et al v. ML Factors Funding Limited Liability Company, a Ne
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 per 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
FROM: S/C 6-3-21
Docket 1
- NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
ML Factors Funding Limited Pro Se
Samuel Selmar Pro Se
1:30 PM
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
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
1:30 PM
Adv#: 6:20-01164 A. Cisneros, Chapter 7 Trustee v. Garland
Docket 18
- NONE LISTED -
Debtor(s):
Ridge Park Point, LLC Represented By Joshua J Herndon
Defendant(s):
Ryan Garland Represented By Martin J Mullen
Movant(s):
A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith
Plaintiff(s):
A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith
Trustee(s):
Arturo Cisneros (TR) Represented By Kelli M Brown
William Malcolm Nathan F Smith Christina J Khil
1:30 PM
Adv#: 6:20-01165 A. Cisneros, Chapter 7 Trustee v. Paradyme Funding, Inc., a California
Docket 11
- NONE LISTED -
Debtor(s):
Ridge Park Point, LLC Represented By Joshua J Herndon
Defendant(s):
Paradyme Funding, Inc., a California Represented By
Martin J Mullen
Movant(s):
A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith
Plaintiff(s):
A. Cisneros, Chapter 7 Trustee Represented By Nathan F Smith
Trustee(s):
Arturo Cisneros (TR) Represented By Kelli M Brown
William Malcolm Nathan F Smith Christina J Khil
1:30 PM
Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants
Docket 20
- NONE LISTED -
Debtor(s):
Ridge Park Point, LLC Represented By Joshua J Herndon
Defendant(s):
National Merchants Association, Represented By
Joseph Sarnowski
Movant(s):
A. Cisneros, solely in his capacity Represented By
Nathan F Smith
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
1:30 PM
Christina J Khil
1:30 PM
Adv#: 6:21-01054 Wagner et al v. Hamilton & Associates, APC et al
Docket 11
- NONE LISTED -
Debtor(s):
Allan Wagner Represented By Jonathan D Doan
Defendant(s):
Hamilton & Associates, APC Pro Se
Ben-Thomas Hamilton Pro Se
John Delisi Pro Se
Plaintiff(s):
Liang Wang Represented By
Karen S Spicker
Allan Wagner Represented By Karen S Spicker
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Adv#: 6:21-01012 Grobstein v. Mehtar et al
(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, 5-6-21
Docket 1
- NONE LISTED -
Debtor(s):
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
2:00 PM
Adv#: 6:21-01012 Grobstein v. Mehtar et al
Docket 1
- NONE LISTED -
Debtor(s):
KLINTON, INC, a California Represented By Michael E Plotkin
Defendant(s):
Leena Mehtar Represented By
Sunil A Brahmbhatt
Danna Mehtar Represented By
Sunil A Brahmbhatt
LDZJ Family Limited Partnership Represented By
Sunil A Brahmbhatt
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
2:00 PM
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
Docket 23
- NONE LISTED -
Debtor(s):
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
2:00 PM
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
FROM S/C 10-8-20, 2-25-21, P/T 3-25-21
Docket 1
- NONE LISTED -
Debtor(s):
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
2:00 PM
Adv#: 6:20-01180 Cisneros, solely in his capacity as the chapter 7 v. National Merchants
Docket 1
- NONE LISTED -
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
2:30 PM
Adv#: 6:20-01039 Dani Transport Services, Inc. v. Complete Business Solutions Group aka
FROM: S/C 7-2-20, P/T 2-11-21, 2-25-21, 6-17-21
Docket 1
- NONE LISTED -
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
3:00 PM
Adv#: 6:21-01046 The State Bar of California v. Roark
FROM 7-1-21 AT 10:30 A.M.
Docket 1
The initial status conference in this adversary proceeding was originally scheduled for today at 10:30 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Jeremy Nathan Roark Represented By Richard L Barrett
Defendant(s):
Jeremy Nathan Roark Pro Se
Plaintiff(s):
The State Bar of California Represented By Suzanne C Grandt
Trustee(s):
Steven M Speier (TR) Pro Se
3:00 PM
Adv#: 6:21-01043 Frealy v. Wasson
(2) Avoid and recover preferential transfers; (3) Avoid and recover post-petition transfers; (4) To preserve recovered transfers for benefit of debtor's estate; and
(5) Disallowance of any claims held by defendant including claim number 38
FROM 7-1-21 AT 10:30 A.M.
Docket 1
The initial status conference in this adversary proceeding was originally scheduled for today at 10:30 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Accelerating Ministries Represented By Michael Jay Berger
Amelia Puertas-Samara
Defendant(s):
Wallace Burl Wasson Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Anthony A Friedman
3:00 PM
Trustee(s):
Todd A. Frealy (TR) Represented By Philip A Gasteier Carmela Pagay William Brown III
3:00 PM
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 1
The status conference in this adversary proceeding was originally scheduled for today at 11:00 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
Debtor(s):
Leon Richard Mays Represented By Edward T Weber
Defendant(s):
Leon Richard Mays Pro Se
Darryl W Daniels Pro Se
Joint Debtor(s):
Darryl W Daniels Represented By Edward T Weber
Plaintiff(s):
Richard Meng Represented By Christopher J Langley
3:00 PM
Vivian Meng Represented By
Christopher J Langley
Trustee(s):
Karl T Anderson (TR) Pro Se
3:00 PM
Adv#: 6:19-01150 Meng et al v. Mays et al
Docket 47
The hearing regarding the motion for stay or abstention of this adversary proceeding was originally scheduled for today at 11:00 a.m. That hearing has been moved to 3:00 p.m. and will occur by video. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1601560467 Meeting ID: 160 156 0467
Password: 198116
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
3:00 PM
Plaintiff(s):
Richard Meng Represented By Christopher J Langley Michael Smith
Heidi M Cheng
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
3:00 PM
Adv#: 6:21-01041 Simplified Labor Staffing Solutions, Inc. v. Stopani
FROM 7-1-21 AT 10:30 A.M.
Docket 1
- NONE LISTED -
Debtor(s):
Adrian Laguna Represented By Joseph M Tosti
Defendant(s):
Cynthia Stopani Pro Se
Joint Debtor(s):
Cynthia B Stopani Represented By Joseph M Tosti
Plaintiff(s):
Simplified Labor Staffing Solutions, Represented By
Daniel J McCarthy Clayton J Hix Rodney Lasher
Trustee(s):
Karl T Anderson (TR) Pro Se
4:00 PM
Adv#: 6:21-01047 Liu et al v. Ha
Docket 4
- NONE LISTED -
Debtor(s):
Long Hung Ha Represented By Leslie A Cohen
Defendant(s):
Long Hung Ha Represented By Leslie A Cohen
Plaintiff(s):
Sanping Liu Represented By
Felix T Woo
Kesheng Liu Represented By
Felix T Woo
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe
4:00 PM
Adv#: 6:21-01047 Liu et al v. Ha
Docket 1
- NONE LISTED -
Debtor(s):
Long Hung Ha Represented By Leslie A Cohen
Defendant(s):
Long Hung Ha Pro Se
Plaintiff(s):
Sanping Liu Represented By
Felix T Woo
Kesheng Liu Represented By
Felix T Woo
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe
1:00 PM
Docket 67
- NONE LISTED -
Debtor(s):
Therapy Tubs, Inc., a California Represented By April E Roberts
Trustee(s):
Charles W Daff (TR) Represented By Robert P Goe
1:00 PM
(4) Finding purchaser is a good faith purchaser
Docket 51
- NONE LISTED -
Debtor(s):
Tina Michelle Pogue Represented By Neil R Hedtke
Trustee(s):
Howard B Grobstein (TR) Represented By Noreen A Madoyan Ori S Blumenfeld
1:00 PM
Docket 57
- NONE LISTED -
Debtor(s):
Juvenal Mora Represented By
James D. Hornbuckle
Joint Debtor(s):
Rosario M. Mora Represented By
James D. Hornbuckle
Movant(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
1:00 PM
Docket 0
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 and for administering a case with a small amount of non-exempt assets. Although the recovery to creditors is small, creditors would have received nothing but for the efforts of the trustee. As a result, the efforts of the trustee have conferred a benefit on the bankruptcy estate and its creditors.
Pursuant to the trustee's final report, the following administrative claim will be allowed:
(1) Trustee: fees of $1,189.25 and expenses of $47.82.
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 ").
Debtor(s):
Hector Daniel Guardado Represented By John Asuncion
1:00 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:00 PM
Docket 40
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 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 amended motion. The Court thanks counsel for the trustee for filing the supplement to the motion and for amending the motion. The compromise proposed by the trustee is approved and the trustee is authorized to proceed with paying creditors forthwith.
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 ").
1:00 PM
Debtor(s):
Nicholas Mata Magana Represented By Robert L Firth
Trustee(s):
Howard B Grobstein (TR) Represented By Nancy H Zamora
2:00 PM
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 number 23 filed by Mary Newton Claim number 25 filed by Tyla Catena Claim number 33 filed by Sara Jacques
FROM: 4-6-21
Docket 424
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
2:00 PM
Claim No. 10 - Alisha Cruzan Claim No. 12 - Bridget Dorn Claim No. 14 - David Fishbeck Claim No. 19 - Alisa Koh
Claim No. 21 - Ramon Mascorro Claim No. 23 - Mary Newton Claim No. 25 - Tyla Catena Claim No. 33 - Sara Jacques
Docket 425
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
2:00 PM
Docket 0
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
2:30 PM
Docket 66
Parties may appear on this matter in the courtroom or by video. Appearances by CourtCall will not be available. The pertinent hearing link is:
Meeting URL: https://cacb.zoomgov.com/j/1612218918 Meeting ID: 161 221 8918
Password: 094468
It would assist the court if, prior to the hearing, the parties reviewed 11 U.S.C.
§§ 727(a)(6)(A) & 727(d)(3) and the following Ninth Circuit cases (which, among other things, stand for the proposition that debtors must turn over money to a trustee even if the debtor has already dissipated the money): Jess v. Carey (In re Jess), 169 F.3d 1204, 1206 (9th Cir. (Cal.) 1999) (affirming an order against a debtor and noting that the debtor had already spent most of the money); In re Golden, 789 F.2d 698 (9th Cir. 1986) (ordering a debtor to turn over all nonexempt funds as of the petition date even though the debtor had spent some of the funds post-petition).
Debtor(s):
Andres Sanchez Jr. Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By
Michelle A Marchisotto
3:00 PM
Docket 276
- NONE LISTED -
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
3:00 PM
FROM: 3-9-21, 3-23-21, 6-15-21
Docket 281
- NONE LISTED -
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
11:00 AM
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
- NONE LISTED -
Debtor(s):
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
11:00 AM
Adv#: 6:20-01108 NextGear Capital v. Aziz
FROM: 6-3-21, 6-9-21, 6-16-21
Docket 1
- NONE LISTED -
Debtor(s):
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
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Stuart Gerald Oden Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Moiselio Naranjo Represented By Daniel C Sever
Joint Debtor(s):
Casilda Naranjo Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Glennis Edwin Wurr Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Francisco Perez Ruiz Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Ana I Huling Sandoval Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
- NONE LISTED -
Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 72
- NONE LISTED -
Debtor(s):
Olga Martin Arriaga Represented By Lauren M Foley
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 131
- NONE LISTED -
Debtor(s):
Charoletta Brinetta Green Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 29
- NONE LISTED -
Debtor(s):
Jared Michael Streeter Represented By Richard G Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 80
- NONE LISTED -
Debtor(s):
Brian C Bell Represented By
Kevin Cortright
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
Docket 111
- NONE LISTED -
Debtor(s):
Cathy Claudia Bennett Represented By Marjorie M Johnson
Joint Debtor(s):
Lawrence Carlton Bennett Represented By Marjorie M Johnson
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
THE BANK OF NEW YORK MELLON VS DEBTOR
Property: 15638 Burwood Road, Victorville, CA 92394 [Real Prop] Erin M. McCartney, attorney/movant
Docket 17
- NONE LISTED -
Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Salvador Marron Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Maria M Godinez Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
8:30 AM
RE: 2016 Toyota Camry
Docket 39
- NONE LISTED -
Debtor(s):
Roberto Gomez Antonio Jiron Represented By Samuel Konugres
Trustee(s):
Todd A. Frealy (TR) Pro Se
8:30 AM
RE: 2017 Toyota Camry
Docket 11
- NONE LISTED -
Debtor(s):
Paul Anthony Alexander Represented By Allison F Tilton
Joint Debtor(s):
Loydenia Munte' Alexander Represented By Allison F Tilton
Trustee(s):
Todd A. Frealy (TR) Pro Se
8:30 AM
RE: 2018 Mercedes-Benz
Docket 9
- NONE LISTED -
Debtor(s):
Keith Edward Kelley II Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
TD AUTO FINANCE VS DEBTOR
Property: Lienholder and named loss payee for insurance proceeds [Non Bk Forum] Sheryl K. Ith, attorney/movant
Docket 11
- NONE LISTED -
Debtor(s):
Kathryn A. Brennan Represented By Jenny L Doling
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
YAMAHA MOTOR FINANCE VS DEBTORS
Property: 2015 Suzuki GSX-R600L5 [Personal Prop] Karel Rocha, attorney/movant
Docket 15
- NONE LISTED -
Debtor(s):
Julio Elias Sibrian Rodriguez Represented By
Michael H Colmenares
Joint Debtor(s):
Guillermina Arias Represented By
Michael H Colmenares
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:21-01037 Bui et al v. SPG Advance LLC, a New York Limited Liability Comp
Docket 12
- NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
SPG Advance LLC, a New York Represented By Jason B Komorsky
Lazer Preizler Represented By Jason B Komorsky
Burech Weinstock 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
Trustee(s):
Lynda T. Bui (TR) Represented By
1:30 PM
Leonard M Shulman Ryan D O'Dea
1:30 PM
Adv#: 6:21-01063 Lucky Group (HK) Limited, Inc. v. Williams
Docket 5
- NONE LISTED -
Debtor(s):
Lisa Rochelle Williams Represented By Todd L Turoci
Defendant(s):
Lisa Rochelle Williams Represented By Todd L Turoci
Plaintiff(s):
Lucky Group (HK) Limited, Inc. Represented By
Peter T Steinberg
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Adv#: 6:18-01249 Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-13-19, 7-15-19, 7-30-19,
6-25-20, P/T 9-17-20, 6-17-21
Docket 1
- NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Director, Division of Taxation of the Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
2:00 PM
Adv#: 6:18-01245 Karl T. Anderson CPA, Inc. v. Georgia Department of Revenue and Lynnette
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-24-25, P/T 9-17-20, 6-17-21
Docket 1
- NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Georgia Department of Revenue and Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
10:30 AM
Docket 0
Debtor(s):
Caroline Jean Harper Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:30 AM
Docket 0
Debtor(s):
Samuel Temanutai Coromandel Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Adv#: 6:16-01158 Herrera v. Herrera
FROM: 2-23-18, 2-26-18, 7-20-18, 8-23-18, 10-19-18, 11-2-18, 12-7-18, 6-14-19,
6-28-19, 8-1-19, 9-12-19, 10-24-19, 3-12-20, 4-23-20, 7-9-20, 8-20-20, 12-10-20,
6-17-21
Docket 1
Debtor(s):
Victor Herrera Represented By Yolanda Flores-Burt
Defendant(s):
Victor Herrera Represented By Yolanda Flores-Burt
Plaintiff(s):
Maria A. Herrera Represented By Michael N Berke
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Docket 1
Debtor(s):
Jaspreet Singh Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:00 PM
Docket 51
- NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:30 PM
Docket 24
The Court has reviewed the supplemental proof of service filed by the moving party on May 24, 2021 [docket #32]. The Court thanks counsel for providing the additional service. The motion is granted and the moving party may submit a proposed order. No appearances are necessary today.
Debtor(s):
Maria Barajas Represented By Eric C Morris
Melissa A Raskey
Movant(s):
Maria Barajas Represented By Eric C Morris Eric C Morris
Melissa A Raskey Melissa A Raskey
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
FROM: 5-18-21
Docket 472
- NONE LISTED -
Debtor(s):
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
FROM: 2-9-21, 5-18-21
Docket 126
- NONE LISTED -
Debtor(s):
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
FROM: 5-18-21
Docket 20
The Court has reviewed the supplement filed by the moving party on July 9, 2021 [docket #28]. The Court thanks the trustee for providing the additional information and the revised terms of employment. Those revised terms are approved and the trustee may submit an order granting the motion on that basis. No appearances are necessary today.
Debtor(s):
Rebecca Serrato Represented By Sundee M Teeple
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
FROM: 5-18-21
Docket 96
- NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Dinorah Cruz Reyes Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Docket 18
- NONE LISTED -
Debtor(s):
Mia Suzanne Moyer Represented By Norma Duenas
Movant(s):
Mia Suzanne Moyer Represented By Norma Duenas Norma Duenas Norma Duenas Norma Duenas Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 119
- NONE LISTED -
Debtor(s):
Alta Home Care, Inc. Represented By Justin E Rawlins
Trustee(s):
Arturo Cisneros (TR) Represented By Leonard M Shulman Rika Kido
1:00 PM
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, 5-18-21, 6-15-21
Docket 166
- NONE LISTED -
Debtor(s):
TTBGM, Inc Represented By
Thomas C Corcovelos
Trustee(s):
Arturo Cisneros (TR) Represented By Rika Kido
2:00 PM
Docket 60
The hearing today will occur by video using Zoom. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1617785652 Meeting ID: 161 778 5652
Password: 166375
Debtor(s):
Magaly Farias Represented By Patricia A Mireles
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Docket 0
- NONE LISTED -
Debtor(s):
Samuel Temanutai Coromandel Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 96
- NONE LISTED -
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
1:30 PM
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
FROM S/C 10-8-20, 2-25-21, P/T 3-25-21, 7-1-21
Docket 1
- NONE LISTED -
Debtor(s):
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
1:30 PM
Adv#: 6:20-01124 Step Ahead Music, LLC v. Benedict
Docket 23
- NONE LISTED -
Debtor(s):
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
2:00 PM
FROM: 6-30-20, 9-15-20, 11-17-20, 1-26-21, 3-23-21, 5-13-21
Docket 22
- NONE LISTED -
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
2:30 PM
Adv#: 6:20-01172 Lake v. Cramer
Docket 1
- NONE LISTED -
Debtor(s):
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
3:00 PM
Adv#: 6:18-01249 Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-13-19, 7-15-19, 7-30-19,
6-25-20, P/T 9-17-20, 6-17-21, 7-8-21
Docket 1
- NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Director, Division of Taxation of the Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
2:00 PM
Docket 30
Debtor(s):
Belmont Farms, Inc. Represented By Jenny L Doling Meredith A Jury Veronica E Ruiz
Movant(s):
Belmont Farms, Inc. Represented By Jenny L Doling Jenny L Doling Meredith A Jury Meredith A Jury Veronica E Ruiz Veronica E Ruiz
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Adv#: 6:18-01246 Karl T. Anderson CPA, Inc. v. State of Illinois Department of Revenue
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
State of Illinois Department of Represented By Charles Tsai James D Newbold
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C
1:30 PM
FROM: 3-24-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
1:30 PM
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 9, 2021, 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 July 26, 2021 at 1:30 p.m.
On July 7, 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 January 25, 2021 [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 July 7, 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 July 26, 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
1:30 PM
the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 25, 2021, the monthly plan payment is $640. Starting March 25, 2021, the monthly plan payment is $3,749.
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 $221,831. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $4,000; having previously received $4,000, counsel for the debtors shall refund $1,500 to the Trustee within seven days of confirmation of the Plan and $1,500 shall be added to the base. Counsel is entitled to payment of the remaining $1,500 from the estate at a rate no more than
$150 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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $603.95 at a rate no less than $15.10 per month for 40 months.
The Trustee shall pay the secured claim of Select Portfolio Servicing in the amount of $37,423.73 at a rate no less than
$623.73 per month for 60 months.
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.
Debtors shall directly pay student loan creditors and relief from
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the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
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The last sentence of section II(A) of the Plan is hereby stricken and
shall not apply in this case.
Direct Payments and Related Matters
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 Mercedes S550 in the approximate amount of $599 per month. (Creditor: Capital One Auto Finance).
With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in April of 2021 in the approximate amount of $2,833.63 per month to the creditor Select Portfolio Servicing. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
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
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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).
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.
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
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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.
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.
Abandoned Property.
As discussed on the record and as set forth in the Procedures Order, the 2014 Dodge Ram ("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
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non-debtor co-obligor in any manner.
Debtor(s):
Reginald F. Stark Represented By Keith Q Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
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Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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Debtor(s):
Reginald F. Stark Represented By Keith Q Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
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FROM: 3-24-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 9, 2021, 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 July 26, 2021 at 1:30 p.m.
On July 1, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #33] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on March 9, 2021 [docket #24] ("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 July 14, 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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting February 28, 2021, the monthly plan payment is $885. Starting April 28, 2021, the monthly plan payment is $4,783. Starting July 28, 2021, the monthly plan payment is $4,095.
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 $241,344. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $4,000; having previously received $4,000, counsel for the debtors shall refund $1,500 to the Trustee within seven days of confirmation of the Plan and $1,500 shall be added to the base. Counsel is entitled to payment of the remaining $1,500 from the estate at a rate no more than
$150 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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $5,723.65 at a rate no less than $95.39 per month for 60 months.
The Trustee shall pay the secured claim of Nationstar Mortgage in the amount of $38,330.82 at a rate no less than $638.85 per month for 60 months.
Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being
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made by the Trustee within seven days of Plan confirmation.
Debtors must pay at least $9,825 to the unsecured creditors per the liquidation analysis.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 2006 Mercedes S500 in the approximate amount of $120.49 per month. (Creditor: Navy Federal Credit Union).
With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in May of 2021 in the approximate amount of $3,065.99 per month to the creditor Nationstar Mortgage.
Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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.
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
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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).
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.
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
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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.
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.
Debtor(s):
Daisy Tobilla Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
1:30 PM
Debtor(s):
Daisy Tobilla Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 3-24-21
Docket 1
NONE LISTED -
Debtor(s):
LaRon M Hall Represented By Stephen R Wade
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
LaRon M Hall Represented By Stephen R Wade
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 3-24-21
Docket 16
NONE LISTED -
Debtor(s):
Julie Ann Hathaway Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Julie Ann Hathaway Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 3-24-21
Docket 6
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 9, 2021, 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 July 26, 2021 at 1:30 p.m.
On July 7, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #33] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on February 11, 2021 [docket #19] ("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 July 9, 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 #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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 2, 2021, the monthly plan payment is $1,233. Starting July 2, 2021, the monthly plan payment is $1,765.
The due date for each payment is the 2nd 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 $103,772. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $1,197, counsel is entitled to payment of $3,803 from the estate at a rate no more than $380.30 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.).
(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,
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $2,129.95 at a rate no less than $35.50 per month for 60 months.
The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $1,570.57 at a rate no less than $26.18 per month for 60 months.
The Trustee shall pay the secured claim of Capital One Auto Finance in the amount of $36.06 at a rate no less than $36.06 per month for one month.
The Trustee shall pay the secured claim of Freedom Mortgage in the amount of $2,377.03 at a rate no less than $39.62 per
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month for 60 months.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and
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shall not apply in this case.
Direct Payments and Related Matters
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 $2,306.52 per month. (Creditor: Freedom Mortgage).
All payments for the automobile loan for the 2016 Toyota Tacoma in the approximate amount of $721.32 per month. (Creditor: Capital One Auto Finance).
All payments for the automobile loan for the 2019 Kia Sorento in the approximate amount of $665.27 per month. (Creditor: Kia Motor Finance).
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.
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,
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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).
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.
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
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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.
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.
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
Docket 6
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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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
FROM: 3-24-21
Docket 2
NONE LISTED -
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
Docket 2
NONE LISTED -
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
FROM: 3-24-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 9, 2021, 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 July 26, 2021 at 1:30 p.m.
On July 7, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #29] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on February 3, 2021 [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 July 7, 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 #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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 3, 2021, the monthly plan payment is $700. Starting May 3, 2024, the monthly plan payment is $1,102.
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 64% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $50,844. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $990, counsel is entitled to payment of $4,010 from the estate at a rate no more than $401 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.).
(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,
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $1,535 at a rate no less than $25.58 per month for 60 months.
The Trustee shall pay the secured claim of Quicken Loans in the amount of $2,060.05 at a rate no less than $34.33 per month for 60 months.
The Trustee shall pay the secured claim of Toyota Motor Credit in the amount of $935.53 at a rate no less than $17.23 per month for 60 months with interest at the rate of 4% per annum.
Debtors must pay at least $36,759 to the unsecured creditors per the liquidation analysis.
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Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
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Direct Payments and Related Matters
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 $2,028.68 per month. (Creditor: Quicken Loans).
All payments for the junior mortgage against the residence of the Debtors. (Creditor: CALHFA/Keep Your Home).
All payments for the automobile loan for the 2013 Toyota Sienna in the approximate amount of $401.46 per month. (Creditor: Toyota Motor Credit).
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.
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
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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).
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.
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.
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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.
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.
Abandoned Property.
As discussed on the record and as set forth in the Procedures Order, the 2017 Dodge Journey ("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.
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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
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Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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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
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FROM: 3-24-21
Docket 1
NONE LISTED -
Debtor(s):
Anthony T. Hakimian Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Anthony T. Hakimian Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 3-24-21
Docket 7
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 9, 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 July 26, 2021 at 1:30 p.m.
On July 1, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #50] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on June 28, 2021 [docket #47] ("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 July 1, 2021 [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 #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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 5, 2021, the monthly plan payment is $1,599. Starting August 5, 2021, the monthly plan payment is $2,183. Starting April 5, 2023, the monthly plan payment is $2,557.
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 $141,150. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $242, counsel is entitled to payment of $4,758 from the estate at a rate no more than $475.80 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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $35,184.84 at a rate no less than
$586.41 per month for 60 months.
The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $2,337.35 at a rate no less than $38.96 per month for 60 months.
The Trustee shall pay the secured claim of Capital One Auto Finance in the amount of $752.01 at a rate no less than $189.96 per month for four months with interest at the rate of 5% per annum.
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The Trustee shall pay the secured claim of Capital One Auto Finance in the amount of $1,559.67 at a rate no less than
$394.07 per month for four months with interest at the rate of 5% per annum.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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
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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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 Lexus IS250 in the approximate amount of $374.73 per month. (Creditor: Capital One Auto Finance).
All payments for the automobile loan for the 2013 Lexus LS460 in the approximate amount of $774.11 per month. (Creditor: Capital One Auto Finance).
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.
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
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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).
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.
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
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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.
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.
Abandoned Property.
On March 24, 2021, the Court entered an order granting relief from the automatic stay as to the 2012 Chevy Tahoe ("Abandoned Property"). It is deemed abandoned and the automatic stay has been lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property. The automatic stay has been lifted as to the Abandoned Property and the Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, any co- debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property has been lifted including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case does not stay any creditor
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holding a claim secured in whole or in part by the Abandoned Property from collecting against any non-debtor co-obligor in any manner.
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
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Docket 7
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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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
1:30 PM
FROM: 3-24-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 9, 2021, 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 July 26, 2021 at 1:30 p.m.
On July 1, 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 February 5, 2021 [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 July 7, 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 #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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $1,780 commencing on March 5, 2021. 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 $106,800. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
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
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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.).
(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
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enters an order regarding such objection.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 2019 Kia Sorento in the approximate amount of $643.31 per month. (Creditor: Kia Motors Finance).
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.
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
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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).
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.
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
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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.
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.
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
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Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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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
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FROM: 4-7-21
Docket 15
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 22, 2021, 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 July 26, 2021 at 2:30 p.m.
On July 7, 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 amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on March 17, 2021 [docket #34] ("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 July 7, 2021 [docket #44] agreeing with the Trustee’s terms in the Statement and the worksheet.
The Debtors have not objected to the Court’s procedures order [docket #6] ("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 July 26, 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
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hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 8, 2021, the monthly plan payment is $1,799. Starting May 8, 2021, the monthly plan payment is $3,246.
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 $191,866. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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Debtors or the claims have been paid in full without further notice or order from the court.
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 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.).
(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
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $10,328.91 at a rate no less than
$172.15 per month for 60 months.
The Trustee shall pay the secured claim of Fay Servicing in the amount of $44,600.07 at a rate no less than $743.33 per month for 60 months.
4. The Trustee shall pay the secured claim of Ally Financial in the amount of $17,454 at a rate no less than $321.44 per month for 60 months with interest at the rate of 4% per annum.
The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $1,111.97 at a rate no less than $18.53 per month for 60 months.
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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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
Any and all provisions in the Plan purporting to immediately discharge
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any debts (in whole or in part) are hereby disapproved. Debts may only be discharged by further court order.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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
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an approved form by the judges of this district on June 1, 2012.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 May of 2021 in the approximate amount of $1,327.69 per month to the creditor Fay 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 May 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.
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.
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
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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).
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.
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
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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.
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.
Debtor(s):
Cecilia Leonard Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
2:30 PM
Debtor(s):
Cecilia Leonard Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 1
NONE LISTED -
Debtor(s):
Henry Frederick Ramey Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 11
NONE LISTED -
Debtor(s):
Henry Frederick Ramey Jr Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 6
NONE LISTED -
Debtor(s):
Mary L Lee Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Mary L Lee Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 5
NONE LISTED -
Debtor(s):
Glenda Renee Murphy Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Glenda Renee Murphy Pro Se
Trustee(s):
Rod (WJ) Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 1
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 22, 2021, the Court entered a scheduling order [docket #11] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for July 26, 2021 at 2:30 p.m.
On July 7, 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 February 25, 2021 [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 July 14, 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 #4] ("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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is $336 commencing on March 11, 2021. The due date for each payment is the 11th 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 $20,160. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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.
Counsel for Debtors is awarded fees of $4,000; having previously received $500, counsel is entitled to payment of $3,500 from the estate at a rate no more than $300 per month commencing forthwith. Using available funds, the Trustee
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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.).
(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
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enters an order regarding such objection.
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.
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.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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
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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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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provision deviating from that form) is ineffective and hereby stricken.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 Toyota Camry in the approximate amount of $531.58 per month. (Creditor: Toyota Motor Credit).
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.
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
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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).
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.
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
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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.
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.
Debtor(s):
Maria Arellano Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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Debtor(s):
Maria Arellano Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 22, 2021, 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 July 26, 2021 at 2:30 p.m.
On July 1, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #27] ("Statement") with an attached worksheet recommending confirmation of the chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on February 15, 2021 [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 July 19, 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 #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 July 26, 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
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hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 15, 2021, the monthly plan payment is $664. Starting July 15, 2021, the monthly plan payment is $703.
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 $42,024. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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Debtors or the claims have been paid in full without further notice or order from the court.
Counsel for Debtors is awarded fees of $4,997; having previously received $1,497, 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.).
(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
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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.
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.
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.
Additional provisions:
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.
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No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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
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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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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. (Creditor: Finance of America Reverse Mortgage).
All payments for the automobile loan for the 2015 Hyundai Genesis in the approximate amount of $278.31 per month. (Creditor: Fifth Third Bank).
All payments for the solar panels in the approximate amount of $277 per month. (Creditor: Tesla).
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
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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.
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).
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.
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,
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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.
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.
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Debtor(s):
Diane Kay Backovich Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
2:30 PM
Debtor(s):
Diane Kay Backovich Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 1
NONE LISTED -
Debtor(s):
Agustin Martin Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Agustin Martin Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 2
NONE LISTED -
Debtor(s):
Maxine J. Levander Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 0
NONE LISTED -
Debtor(s):
Maxine J. Levander Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 2
NONE LISTED -
Debtor(s):
Jerome C. Adamo Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Jerome C. Adamo Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-7-21
Docket 2
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
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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 22, 2021, 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 July 26, 2021 at 2:30 p.m.
On July 1, 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 February 18, 2021 [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 July 6, 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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting March 18, 2021, the monthly plan payment is $1,580. Starting May 18, 2021, the monthly plan payment is $2,980.
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 36 months. General unsecured claims shall be paid 12% of their allowed claims. The Plan is confirmed as a base plan and the base plan amount is $104,480. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
Counsel for Debtors is awarded fees of $5,000; having previously received $300, counsel is entitled to payment of $4,700 from the estate at a rate no more than $425 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.).
(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,
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $20,777.12 at a rate no less than
$577.14 per month for 36 months.
The Trustee shall pay the priority claim of the Franchise Tax Board in the amount of $7,172.62 at a rate no less than $199 per month for 36 months.
The Trustee shall pay the secured claim of Arvest Central Mortgage in the amount of $7,423.70 at a rate no less than
$206.21 per month for 36 months.
Debtors shall provide the Trustee with the correct payment address and account number for all conduit payments being
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made by the Trustee within seven days of Plan confirmation.
All gambling winnings, without any offset for gambling losses, is pledged to the Plan.
Additional provisions:
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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
Pursuant to sections 1328(a)(2) and 523(a)(3), a claim or debt shall not
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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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
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.
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.
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.
If Attachment A, B, C or D is attached to the Plan (or any other
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attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 residence of the Debtors in the approximate amount of $120.55 per month. (Creditor: Indian Palms Country Club Association).
All payments for the homeowners association for the residence of the Debtors in the approximate amount of $31 per month. (Creditor: Indian Palms Community Association).
All payments for the automobile loan for the 2018 Ford Escape in the approximate amount of $309.02 per month. (Creditor: Ford Motor Credit Company).
With respect to the residence of the Debtors, the Trustee shall commence making the monthly mortgage payments for the senior mortgage in May of 2021 in the approximate amount of $1,283.96 per month to the creditor Arvest Central Mortgage. Until that time, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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
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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.
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).
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.
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
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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.
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.
Debtor(s):
James Henry Achuff Jr. Represented By
Rabin J Pournazarian
2:30 PM
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
2:30 PM
Debtor(s):
James Henry Achuff Jr. Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
2:45 PM
FROM: 1-27-21, 5-10-21
Docket 30
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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,
2:45 PM
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 May 10, 2021, the Court entered a scheduling order [docket #70] ("Order") in this case which (among other things) set the confirmation hearing and a status conference in this case for July 26, 2021 at 2:45 p.m.
On July 1, 2021, pursuant to paragraph 3(c) of the Order, the chapter 13 trustee ("Trustee") filed a statement [docket #79] ("Statement") with an attached worksheet recommending confirmation of the amended chapter 13 plan filed by the debtors in this bankruptcy case ("Debtors") on May 12, 2021 [docket #76] ("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 July 6, 2021 [docket #80] 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 #32] ("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 July 26, 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
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the Debtors and the Trustee reviewed this form of order prior to the confirmation hearing and, on the record on July 26, 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:
The Plan is confirmed as follows. The amount of each monthly payment by the Debtors to the Trustee is as follows:
Starting January 7, 2021, the monthly plan payment is $1,999. Starting February 7, 2021, the monthly plan payment is $4,247.
The due date for each payment is the 7th 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 $252,572. 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.
Confirmation of the Plan is without prejudice to the rights of secured creditors with respect to post-petition defaults by the Debtors.
Other provisions:
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
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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.
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 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.).
(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,
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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.
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.
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.
Interlineations:
The Trustee shall pay the priority claim of the Internal Revenue Service in the amount of $3,143.98 at a rate no less than $52.40 per month for 60 months.
The Trustee shall pay the secured claim of Quantum3 Group LLC (Aqua Finance) in the amount of $6,945.37 at a rate no less than $131.06 per month for 60 months with interest at the rate of 5% per annum.
The Trustee shall pay the secured claim of American Express in the amount of $5,586 at a rate no less than $106 per month for 60 months with interest at the rate of 5% per annum.
The Trustee shall pay the priority claim of Lynda Bui, Chapter 7 Trustee, in the amount of $3,500 at a rate no less than $58.33
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per month for 60 months.
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.
Debtors shall directly pay student loan creditors and relief from the automatic stay is hereby granted in favor of all such creditors.
Debtors must pay 100% to the unsecured creditors per the liquidation analysis.
In accordance with section IV(D) of the Plan and with the paragraph 3 of the stipulation between the parties filed on May 12, 2021 [docket #75], if the Debtors default under the terms of this confirmed plan or are unable to obtain a discharge, the case will be converted to chapter 7 (as opposed to dismissed). And the Debtors agree that any request to dismiss this case by the Debtors (whether or not any default exists) will be treated as a request to convert the case to chapter 7.
Additional provisions:
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
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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.
No claims listed in Class 3B (or any other class) shall be bifurcated.
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.
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.
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).
The Plan is modified to comply with the requirements of the court’s approved plan form.
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.
The Court previously entered the Procedures Order and it continues to apply in this case. Debtors and counsel should review the Procedures Order again
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and, in particular, the provisions governing post-confirmation matters.
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.
If Attachment A, B, C or D is attached to the Plan (or any other attachment), that attachment is hereby disapproved and stricken.
The last sentence of section II(A) of the Plan is hereby stricken and shall not apply in this case.
Direct Payments and Related Matters
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 Lexus CT200 in the approximate amount of $416.38 per month. (Creditor: Toyota Motor Credit Corporation).
All payments for the solar panels in the approximate amount of $50 per month. (Creditor: Sun Street).
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 $2,062.56 per month to the creditor U.S. Bank Home Mortgage. The payment amount increases to $2,184.63 per month in July of 2021 and then decreases to $2,073.42 per month in August of 2021 and thereafter. Prior to November of 2020, the Debtors shall timely make the post-petition mortgage payments directly to the creditor.
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
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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.
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).
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.
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,
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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.
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.
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Abandoned Property.
On April 28, 2021, the Court entered an order granting relief from the automatic stay as to the 2017 GMC Sierra 2500 ("Abandoned Property"). It is deemed abandoned and the automatic stay has been lifted as to such property. Any and all creditors may proceed with enforcing claims against the Abandoned Property. The automatic stay has been lifted as to the Abandoned Property and the Abandoned Property is no longer property of the bankruptcy estate and not protected by the automatic stay. In addition, any co-debtor stay affecting the Abandoned Property or claims secured by the Abandoned Property has been lifted including, but not limited to, any co-debtor stay arising under section 1301 of the Bankruptcy Code. This bankruptcy case does not stay 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.
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
2:45 PM
Docket 30
This hearing 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, this hearing will occur by Zoom only. No appearances will be possible in the courtroom for this matter. Counsel should attend this hearing by video using the following information:
Meeting URL: https://cacb.zoomgov.com/j/1604285637 Meeting ID: 160 428 5637
Password: 714226
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.
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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
2:45 PM
FROM: 2-10-21, 5-10-21
Docket 7
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
2:45 PM
Docket 1
Debtor(s):
Maria Del Rosario Jimenez Represented By Raymond Perez
Trustee(s):
Rod Danielson (TR) Pro Se
3:30 PM
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
NONE LISTED -
Debtor(s):
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
3:30 PM
Adv#: 6:20-01108 NextGear Capital v. Aziz
FROM: 6-3-21, 6-9-21, 6-16-21, 7-7-21
Docket 1
NONE LISTED -
Debtor(s):
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
4:00 PM
Adv#: 6:18-01249 Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of
FROM: S/C 4-11-19, 4-18-19, 5-2-19, 5-30-19, 6-13-19, 7-15-19, 7-30-19,
6-25-20, P/T 9-17-20, 6-17-21, 7-8-21, 7-22-21
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Director, Division of Taxation of the Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
11:00 AM
Docket 640
NONE LISTED -
Debtor(s):
Mark Technologies Corporation Represented By Eve H Karasik
Trustee(s):
Helen R. Frazer (TR) Represented By Elissa Miller Sulmeyer Kupetz
1:00 PM
Docket 64
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 and, in particular, for administering the case efficiently. Pursuant to the trustee's final report, the following administrative claims will be allowed:
Trustee: fees of $11,750 and expenses of $104.77;
Reid & Hellyer, APC: fees of $9,238 and expenses of $356.84; and
Hahn Fife & Company, LLP: fees of $1,890 and expenses of $273.80.
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 ").
Debtor(s):
Lucia Francia Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:00 PM
Docket 69
NONE LISTED -
Debtor(s):
Jason Therman Uhles Represented By Marc A Duxbury
Joint Debtor(s):
Jennifer Leigh Uhles Represented By Marc A Duxbury
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 124
NONE LISTED -
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
Docket 178
NONE LISTED -
Debtor(s):
Gilbert C Ramirez Jr. Represented By Summer M Shaw
Joint Debtor(s):
Patricia M Ramirez Represented By Summer M Shaw
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo Cisneros Todd A Frealy
1:00 PM
Docket 42
NONE LISTED -
Debtor(s):
Gregory K Gilbert Represented By Rhonda Walker
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:00 PM
Docket 130
NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
1:00 PM
Docket 71
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 ").
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo Cisneros
1:00 PM
Docket 84
NONE LISTED -
Debtor(s):
FORTUNAUTO 13, LLC Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay
1:00 PM
Docket 96
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 ").
Debtor(s):
FORTUNAUTO 13, LLC Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay
1:30 PM
Docket 249
NONE LISTED -
Debtor(s):
Dani Transport Service, Inc. Represented By Todd L Turoci
Amelia Puertas-Samara
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Cheryl S Chang
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
1:30 PM
FROM: 6-15-21
Docket 65
NONE LISTED -
Debtor(s):
FORTUNAUTO 13, LLC Represented By
Robert B Rosenstein
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim Carmela Pagay
3:00 PM
Docket 66
Debtor(s):
Andres Sanchez Jr. Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By
Michelle A Marchisotto
1:15 PM
FROM: 11-18-20, 5-19-21
Docket 28
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
Docket 2
Debtor(s):
Rodolfo Paredes Robles Represented By Dana Travis
Joint Debtor(s):
Erica Paredes Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Charles S. Dice Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
Debtor(s):
Kiedryn D. Carter Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 79
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
Docket 0
Debtor(s):
Brenda Simon Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 111
Debtor(s):
Oscar Ortega Guerrero Represented By Andy C Warshaw
Joint Debtor(s):
Lidia Hernandez Ortega Represented By Andy C Warshaw
Movant(s):
Rod Danielson (TR) Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 64
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
Docket 71
Debtor(s):
Nyesha D. Williams Represented By Terrence Fantauzzi
Movant(s):
Nyesha D. Williams Represented By Terrence Fantauzzi Terrence Fantauzzi Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Eric Flores Represented By
Andy Nguyen
Joint Debtor(s):
Briza Flores Represented By
Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Jerry Allen Holland Represented By Brad Weil
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Benigno Gonzalez Fuentes Represented By Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Stuart Gerald Oden Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
Debtor(s):
Moiselio Naranjo Represented By Daniel C Sever
Joint Debtor(s):
Casilda Naranjo Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Glennis Edwin Wurr Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Francisco Perez Ruiz Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Ana I Huling Sandoval Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
Debtor(s):
Maria R Limon Represented By
Richard L. Sturdevant
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
PENNYMAC LOAN SERVICES VS DEBTORS
Property: 7801 Halbrook Terrance, Jurupa Valley, CA 92509 [Real Prop] Robert P. Zahradka, attorney/movant
Docket 54
Debtor(s):
David L. Perkins Represented By Michael Smith Sundee M Teeple
Joint Debtor(s):
Gina L. Perkins Represented By Michael Smith Sundee M Teeple
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
WILMINGTON SAVINGS FUND SOCIETY VS DEBTOR
Property: 4315 Roosevelt Court, Chino, CA 91710 [Real Prop] Erin M. McCartney, attorney/movant
Docket 27
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Movant(s):
Wilmington Savings fund Society, Represented By
Erin M McCartney
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
TOWD POINT MORTGAGE VS DEBTOR
Property: 7949-7949 ½ Sunnyside Avenue, San Bernardino, CA 92410 [Real Prop] Robert P. Zahradka, attorney/movant
Docket 30
Debtor(s):
Lillian Baker Represented By
James D. Hornbuckle
Movant(s):
Towd Point Mortgage Trust 2017- Represented By
Robert P Zahradka
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 69
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
LBS FINANCIAL CREDIT UNION VS DEBTORS
Property: 2017 Ford F-150
[Personal Prop] Karel Rocha, attorney/movant
Docket 13
NONE LISTED -
Debtor(s):
David Gordon Bayles Jr. Represented By Daniel C Sever
Joint Debtor(s):
Jannelle Lynne Warren-Bayles Represented By Daniel C Sever
Movant(s):
LBS Financial Credit Union Represented By Karel G Rocha
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT VS DEBTOR
Property: 2016 Ford F150
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
NONE LISTED -
Debtor(s):
Mitchell Charles McMurtry Represented By Christopher P Walker
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT VS DEBTOR
Property: 2018 Toyota RAV4
[Personal Prop] Austin P. Nagel, attorney/movant
Docket 8
NONE LISTED -
Debtor(s):
Clara A Alvarez Represented By
Juan Castillo-Onofre
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
KIA MOTORS FINANCE VS DEBTOR
Property: 2019 Kia Sportage
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 7
NONE LISTED -
Debtor(s):
Lorena Elizabeth Vasquez Represented By Priscilla C Solario
Movant(s):
Kia Motors Finance Represented By Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
KIA MOTORS FINANCE VS DEBTOR
Property: 2018 Kia Soul
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
NONE LISTED -
Debtor(s):
Lorena Elizabeth Vasquez Represented By Priscilla C Solario
Movant(s):
Kia Motors Finance Represented By Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY VS DEBTOR
Property: 2018 Ford F150
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 8
NONE LISTED -
Debtor(s):
Linda Elaine Stites-Mounts Represented By Robert T Chen
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Adv#: 6:20-01183 Daff v. Avilez
(5) Declaration relief; (6) Turnover of property of the estate; and (7) Disallowance of claims
FROM: S/C 2-11-21, 5-13-21, 6-17-21
Docket 1
NONE LISTED -
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
11:00 AM
Adv#: 6:21-01039 Frealy v. Miller
§ 544(b) and Cal. Civ Code §§ 3439.04(a) and 3439.07]; (2) Avoidance of fraudulent transfer [11 U.S.C. § 548 (a)(1)(A); (3) Avoidance of fraudulent transfer [11 U.S.C. § 548 (a)(B)(i) and (ii(I)]; (4) Turnover and accounting of estate's property [11 U.S.C. § 542]; (5) Recovery of avoided transfer [11 U.S.C. § 550 (a)]; and (6) Automatic preservation of avoided transfer [11 U.S.C. § 551]
FROM: S/C 6-3-21
Docket 1
NONE LISTED -
Debtor(s):
Robert Alexander Miller Represented By
Ethan Kiwhan Chin
Defendant(s):
Ronda S. Miller Pro Se
Plaintiff(s):
Todd A. Frealy Represented By
Michelle A Marchisotto
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:00 PM
Adv#: 6:21-01025 United States Trustee for the Central District of v. Mares
FROM: 5-6-21
Docket 1
NONE LISTED -
Debtor(s):
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
2:00 PM
FROM: 7-21-20, 10-20-20, 11-17-20, 3-9-21, 5-6-21
Docket 0
The hearing today will occur by video using Zoom. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1616636530 Meeting ID: 161 663 6530
Password: 015758
Debtor(s):
Miguel A Nigo Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Docket 69
The hearing today will occur by video using Zoom. The pertinent hearing link is below:
Meeting URL: https://cacb.zoomgov.com/j/1616636530 Meeting ID: 161 663 6530
Password: 015758
Debtor(s):
Patricia Ann Doublet Represented By Benjamin R Heston
Trustee(s):
Steven M Speier (TR) Pro Se
2:30 PM
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
FROM: S/C 1-14-21, P/T 6-17-21
Docket 1
Debtor(s):
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
2:30 PM
Trustee(s):
Tinho Mang
D Edward Hays
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang
2:30 PM
Adv#: 6:20-01173 Cisneros (TR) v. Gordon et al
Docket 23
Debtor(s):
Juvenal Mora Represented By
James D. Hornbuckle
Defendant(s):
Brandon Gordon Represented By
James D. Hornbuckle
Monica Gordon Represented By
James D. Hornbuckle
Maria Acosta Represented By
James D. Hornbuckle
Michael Mora Represented By
James D. Hornbuckle
David Beas Represented By
James D. Hornbuckle
Joint Debtor(s):
Rosario M. Mora Represented By
James D. Hornbuckle
2:30 PM
Plaintiff(s):
A. Cisneros (TR) Represented By Claudia Coleman Tinho Mang
D Edward Hays Chad V Haes
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
2:30 PM
FROM: 7-6-21
Docket 57
NONE LISTED -
Debtor(s):
Juvenal Mora Represented By
James D. Hornbuckle
Joint Debtor(s):
Rosario M. Mora Represented By
James D. Hornbuckle
Movant(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
Trustee(s):
Arturo Cisneros (TR) Represented By
D Edward Hays Tinho Mang Chad V Haes
10:00 AM
Adv#: 6:18-01249 Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of
Docket 1
NONE LISTED -
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Director, Division of Taxation of the Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C
1:00 PM
Docket 135
NONE LISTED -
Debtor(s):
Moses McCoy Represented By
M. Wayne Tucker Amelia Puertas-Samara
Joint Debtor(s):
Robin Denise McCoy Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 96
NONE LISTED -
Debtor(s):
Otoniel Toledo Represented By Joseph A Weber
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 94
NONE LISTED -
Debtor(s):
Gabriel Cordeo Herrera Sr. Represented By Steven A Alpert
Joint Debtor(s):
Kathryn Ann Herrera Represented By Steven A Alpert
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 100
NONE LISTED -
Debtor(s):
James Laymon Pierce III Represented By Carey C Pickford
Joint Debtor(s):
Sheila Ann Pierce Represented By Carey C Pickford
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 91
NONE LISTED -
Debtor(s):
Mario Zamarripa Represented By Steven A Alpert
Joint Debtor(s):
Melinda Gay Zamarripa Represented By Steven A Alpert
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 99
NONE LISTED -
Debtor(s):
David Madison Critchlow II Represented By Michael Jay Berger
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 140
NONE LISTED -
Debtor(s):
Maria Guadalupe Villalobos Pro Se
Joint Debtor(s):
Ricardo Villalobos Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 33
NONE LISTED -
Debtor(s):
Melinda Ramos Presco Represented By
Paul M Allen - SUSPENDED -
Joint Debtor(s):
Felipe Capili Presco Represented By
Paul M Allen - SUSPENDED -
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 48
NONE LISTED -
Debtor(s):
Maria Martin del Campo Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 59
NONE LISTED -
Debtor(s):
Rocio Adriana Veltman Represented By Edward G Topolski
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 52
NONE LISTED -
Debtor(s):
Travis Alexander Kaufman Represented By David Lozano
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 98
NONE LISTED -
Debtor(s):
Andrea Wright Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 48
NONE LISTED -
Debtor(s):
Francis G Benton Represented By Solomon A Cheifer
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 150
NONE LISTED -
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
1:00 PM
Docket 66
NONE LISTED -
Debtor(s):
Dennis Clark Cool Represented By Paul Y Lee
Joint Debtor(s):
Deanna Louise Cool Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 61
NONE LISTED -
Debtor(s):
Dory L. Alvarenga Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 52
NONE LISTED -
Debtor(s):
David L. Perkins Represented By Michael Smith Sundee M Teeple
Joint Debtor(s):
Gina L. Perkins Represented By Michael Smith Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 56
NONE LISTED -
Debtor(s):
Angel Manuel Rioslaboy Represented By Dana Travis
Joint Debtor(s):
Carmen Esta Rioslaboy Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 71
NONE LISTED -
Debtor(s):
Elsbeth Palmer-Mills Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 70
NONE LISTED -
Debtor(s):
Bradley Jay Best Represented By Steven A Alpert
Joint Debtor(s):
Cathy Lee Best Represented By Steven A Alpert
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 57
NONE LISTED -
Debtor(s):
Joe Reyes Jr. Represented By
Dana Travis
Joint Debtor(s):
Caryn Dee Rickett Reyes Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 76
NONE LISTED -
Debtor(s):
John Charles Guzman Represented By Gregory Ashcraft
Joint Debtor(s):
Beatris Castillo Guzman Represented By Gregory Ashcraft
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Francisco Ruvalcaba Represented By Rebecca Tomilowitz
Joint Debtor(s):
Ana Ruvalcaba Represented By Rebecca Tomilowitz
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 67
NONE LISTED -
Debtor(s):
Luis G Calleros Represented By Sundee M Teeple
Joint Debtor(s):
Jenene E Calleros Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 100
NONE LISTED -
Debtor(s):
Jett Edmen Weems Represented By
Rabin J Pournazarian
Joint Debtor(s):
Loreyne Weems Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 77
NONE LISTED -
Debtor(s):
Bruce Leichty Represented By Paul Y Lee
Joint Debtor(s):
Kathryn Anne Leichty Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Gerardo Guillermo Hernandez Represented By
Glenn Ward Calsada
Joint Debtor(s):
Dolores Judith Hernandez Represented By
Glenn Ward Calsada
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 64
NONE LISTED -
Debtor(s):
Dennis Brian Young Represented By Dana Travis
Joint Debtor(s):
Rhea Leih Young Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 112
NONE LISTED -
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
1:00 PM
Docket 50
NONE LISTED -
Debtor(s):
Mario Nelson Ramos Portillo Represented By James G. Beirne
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 71
NONE LISTED -
Debtor(s):
Joey Manuel Gonzalez Represented By Todd L Turoci
Joint Debtor(s):
Cindy Lee Gonzalez Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 66
NONE LISTED -
Debtor(s):
Robert Lawerence Furman Represented By Julie J Villalobos
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 64
NONE LISTED -
Debtor(s):
Paul Lewis Krenz Represented By Paul Y Lee
Joint Debtor(s):
Tricia Marie Krenz Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 70
NONE LISTED -
Debtor(s):
Alicia Mendez Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 42
NONE LISTED -
Debtor(s):
Luz Mejia Represented By
Jane Cervantes
Joint Debtor(s):
Manuel Mejia Represented By Jane Cervantes
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 41
NONE LISTED -
Debtor(s):
Michael Joseph Diaz Jr. Represented By Seema N Sood
Joint Debtor(s):
Wendy Lynn Diaz Represented By Seema N Sood
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 37
NONE LISTED -
Debtor(s):
Juan Jose Zambrano Represented By Ronald W Ask
Joint Debtor(s):
Lorena Zambrano Represented By Ronald W Ask
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 42
NONE LISTED -
Debtor(s):
Paul J Johnson Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 54
NONE LISTED -
Debtor(s):
Jaime Mercado Oceguedo Represented By James G. Beirne
Joint Debtor(s):
Bilma Mendez Represented By James G. Beirne
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 63
NONE LISTED -
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
1:00 PM
Docket 68
NONE LISTED -
Debtor(s):
Charlene Bolanos Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 52
NONE LISTED -
Debtor(s):
Theresa Wendy Miller Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 70
NONE LISTED -
Debtor(s):
Jose A. Hernandez Garcia Represented By Daniel C Sever
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 61
NONE LISTED -
Debtor(s):
Christina M Lares Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 60
NONE LISTED -
Debtor(s):
Raymond Perea Represented By Nicholas M Wajda
Joint Debtor(s):
Linda Perea Represented By
Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 92
NONE LISTED -
Debtor(s):
Jose Luis Pulido Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 53
NONE LISTED -
Debtor(s):
Javier Olmos Represented By
Christopher J Langley Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 56
NONE LISTED -
Debtor(s):
Thereseann Katherine Olivo Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Ishmael Renie Montes Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 72
NONE LISTED -
Debtor(s):
Ernest Palmer Represented By Scott Kosner
Joint Debtor(s):
Sarah Louise Palmer Represented By Scott Kosner
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
RE: [62] Trustee's Motion to Dismiss Case . (Danielson (TR), Rod)
Docket 62
NONE LISTED -
Debtor(s):
Geoffrey Pasley Represented By Benjamin R Heston
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 80
NONE LISTED -
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
1:00 PM
Docket 83
NONE LISTED -
Debtor(s):
Derik A. Dill Represented By
Christine A Kingston
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 45
NONE LISTED -
Debtor(s):
Tatanisha Juandalynn Player Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 62
NONE LISTED -
Debtor(s):
Aristides Eliseo Navarrete Represented By Christopher J Langley Michael Smith
Joint Debtor(s):
Doris Beatriz Navarrete Represented By Christopher J Langley Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 50
NONE LISTED -
Debtor(s):
Francisco Salcedo Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 66
NONE LISTED -
Debtor(s):
Shontae Hill Represented By
M. Wayne Tucker
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 38
NONE LISTED -
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
1:00 PM
Docket 60
NONE LISTED -
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
1:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Jose Jesus Nungaray Represented By
L. Tegan Rodkey
Trustee(s):
Charles W Daff (TR) Pro Se
1:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Rose Ann Bomentre Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 40
NONE LISTED -
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
1:00 PM
Docket 38
NONE LISTED -
Debtor(s):
Hugh Alexander Duncan Represented By
Raj T Wadhwani
Trustee(s):
Rod Danielson (TR) Pro Se
11:00 AM
Docket 1
Debtor(s):
Jaspreet Singh Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Adv#: 6:20-01108 NextGear Capital v. Aziz
Docket 1
Debtor(s):
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
Adv#: 6:20-01108 NextGear Capital v. Aziz
FROM: 6-3-21, 6-9-21, 6-16-21, 7-7-21, 7-26-21
Docket 1
Debtor(s):
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
1:00 PM
Claim No. 8 - Vanessa Gutierrez Claim No. 9 - Kevin Thanh Bui Claim No. 10 - Alisha Cruzan Claim No. 11 - Diane De George Claim No. 12 - Bridget Dorn Claim No. 13 - Tracy Ferris Claim No. 14 - David Fishbeck
Claim No. 15 - Apelu Douglas Foisaga Claim No. 16 - Anthony Hapeman Claim No. 17 - Steven Hill
Claim No. 18 - Robert Klunk Claim No. 19 - Alisa Koh
Claim No. 20 - Jane Laxamana Claim No. 21 - Ramon Mascorro Claim No. 22 - Kent Morgan Claim No. 23 - Mary Newton
Claim No. 24 - Maria David Panaligan Claim No. 25 - Tyla Catena
Claim No. 26 - Mariel Saldana Claim No. 27 - Gagik Shaverdian Claim No. 28 - Joe Strange
Claim No. 29 - David Randolph Wooster Claim No. 30 - Hanyu Xie
Claim No. 31 - Danielle Starkman Claim No. 32 - Christopher Stamas Claim No. 33 - Sara Jacques
Docket 454
Prior to the hearing, the parties should review the published cases of In re Heath, 331 B.R. 424 (9th Cir. BAP 2005) and In re Campbell, 336 B.R. 430 (9th Cir.
1:00 PM
2005).
The parties should be prepared to argue how Heath and Campbell impact the
claim objections.
In addition, the Court requests that the trustee be prepared to answer the following questions:
How much money is the trustee currently holding?
Are any of the funds held by the trustee encumbered or subject to any exemptions?
What is the total amount of claims arising under 11 U.S.C. § 726(a)(1)?
What is the total amount of claims arising under 11 U.S.C. § 726(a)(2)?
What is the total amount of claims arising under 11 U.S.C. § 726(a)(3)?
What is the total amount of claims arising under 11 U.S.C. § 726(a)(4)?
What is the total amount of claims arising under 11 U.S.C. § 726(a)(5)?
Is there any reason why the trustee cannot proceed forthwith with a motion to pay all claims arising under 11 U.S.C. § 726(a)(2) and (3)?
Can the trustee itemize the claims arising under 11 U.S.C. § 726(a)(1)?
Debtor(s):
Linda Rene Basquez Represented By Stuart J Wald
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:00 PM
Docket 33
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 minimized administrative expenses and recovered $15,000 without hiring counsel. Those efforts maximized the recovery to creditors. Although the percentage to unsecured creditors is not high, creditors would have received nothing but for the efficient work of the trustee. Well done!
Pursuant to the trustee's final report, the following administrative claims will be allowed:
(1) Trustee: fees of $2,250 and expenses of $98.70.
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 ").
Debtor(s):
Christopher Huynh Represented By
1:00 PM
Marlin Branstetter
Joint Debtor(s):
Sharon Huynh Represented By Marlin Branstetter
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:00 PM
Docket 43
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 minimized administrative expenses and recovered $15,000 without hiring counsel. Those efforts maximized the recovery to creditors. Although the percentage to unsecured creditors is not high, creditors would have received nothing but for the efficient work of the trustee. Well done!
Pursuant to the trustee's final report, the following administrative claims will be allowed:
(1) Trustee: fees of $2,250 and expenses of $95.47.
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 ").
Debtor(s):
Robert Martin Hanson Represented By Jenny L Doling
1:00 PM
Joint Debtor(s):
Wendy Lucille Hanson Represented By Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Docket 0
NONE LISTED -
Debtor(s):
Roger Frank Wilson Represented By Gary J Holt
Joint Debtor(s):
Ernest Dean Spielman Represented By Gary J Holt
Trustee(s):
Karl T Anderson (TR) Represented By Peter M Schwaetz
R Gibson Pagter Jr. Misty A Perry Isaacson
1:30 PM
Docket 20
Debtor(s):
Mary Ann Sultan Represented By Aaron Lloyd
Joint Debtor(s):
Howard Allen Sultan Represented By Aaron Lloyd
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Docket 14
NONE LISTED -
Debtor(s):
Rhonda Lynn Fletcher Represented By Sundee M Teeple
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Docket 0
NONE LISTED -
Debtor(s):
Dinorah Cruz Reyes Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
FROM: 7-27-21
Docket 178
NONE LISTED -
Debtor(s):
Gilbert C Ramirez Jr. Represented By Summer M Shaw
Joint Debtor(s):
Patricia M Ramirez Represented By Summer M Shaw
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo Cisneros Todd A Frealy
2:00 PM
Docket 51
NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
Docket 0
NONE LISTED -
Debtor(s):
CNC Puma Corporation Represented By
J. Luke Hendrix
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:30 PM
Docket 119
NONE LISTED -
Debtor(s):
Alta Home Care, Inc. Represented By Justin E Rawlins
Trustee(s):
Arturo Cisneros (TR) Represented By Leonard M Shulman Rika Kido
3:00 PM
Docket 107
NONE LISTED -
Debtor(s):
Carlton P Collins-Cepeda Represented By Todd L Turoci
Joint Debtor(s):
Charmaine Collins-Cepeda Represented By Todd L Turoci
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Jason Zepeda Represented By
Andy Nguyen
Joint Debtor(s):
Claudia Zepeda Represented By Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Derek Barton Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Jose Ibanez Caampued Represented By Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Justin Gerald Palazzolo Represented By Anthony B Vigil
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Fabiola del Carmen Chavez Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 3
NONE LISTED -
Debtor(s):
Mia Suzanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 95
NONE LISTED -
Debtor(s):
Stephen Paul Villasenor Represented By
Ramiro Flores Munoz
Joint Debtor(s):
Lori Lynn Villasenor Represented By
Ramiro Flores Munoz
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 59
NONE LISTED -
Debtor(s):
Thereseann Katherine Olivo Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 65
NONE LISTED -
Debtor(s):
Robert Charles Boardman Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 84
NONE LISTED -
Debtor(s):
Jesus Batres Quintero Represented By Brian J Soo-Hoo
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 68
NONE LISTED -
Debtor(s):
Josephine Abad Gaerlan Represented By
Rabin J Pournazarian
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 0
NONE LISTED -
Debtor(s):
Salvador Marron Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Maria M Godinez Represented By Jaime A Cuevas Jr.
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
FROM: 6-16-21
Docket 66
NONE LISTED -
Debtor(s):
Mark A. Serrato Represented By Lionel E Giron
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
FROM: 6-16-21
Docket 59
NONE LISTED -
Debtor(s):
Clifford Davis Represented By Natalie A Alvarado
Trustee(s):
Rod Danielson (TR) Pro Se
2:15 PM
ADVANCED FROM 8-14-21
Docket 57
NONE LISTED -
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 14
NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
8:30 AM
RE: 14 Toyota Corolla
Docket 9
NONE LISTED -
Debtor(s):
Amalia Rivera Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
8:30 AM
RE: 2013 Ford Fusion
Docket 20
NONE LISTED -
Debtor(s):
Johnnie Harper Represented By
James D. Hornbuckle
Joint Debtor(s):
Carla E. Thomas Harper Represented By
James D. Hornbuckle
Trustee(s):
Charles W Daff (TR) Pro Se
8:30 AM
RE: 2015 Hyundai Elantra
Docket 12
NONE LISTED -
Debtor(s):
Keith Edward Kelley II Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
RE: 14 Toyota Corolla
RESCHEDULED FROM 8:30 A.M. TO 9:00 A.M.
Docket 9
NONE LISTED -
Debtor(s):
Amalia Rivera Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
RE: 2018 Mercedes-Benz
FROM: 7-8-21
Docket 9
NONE LISTED -
Debtor(s):
Keith Edward Kelley II Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
RE: 2015 Hyundai Elantra
RESCHEDULED FROM 8:00 A.M. TO 9:00 A.M.
Docket 12
NONE LISTED -
Debtor(s):
Keith Edward Kelley II Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
FRANK AND KARYN OXANDABOURINE VS DEBTOR
Property: 42164 Moonridge Road, Big Bear Lake, A 92315 [Real Prop] Summer Shaw, attorney/movant
Docket 138
NONE LISTED -
Debtor(s):
Gary Outzen Represented By
Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Melissa Davis Lowe
10:30 AM
Adv#: 6:21-01055 Ehrenberg v. P&M Management, Inc., a California corporation; et
Docket 1
NONE LISTED -
Debtor(s):
Philmar Care, LLC Represented By Ashley M McDow
Defendant(s):
P&M Management, Inc., a Pro Se P and M Healthcare Holdings, Inc., Pro Se P&M Holdings Corporation, a Pro Se
Mesa Glen Holdings, LLC a Pro Se
Sela Healthcare, Inc., a California Pro Se
Silverscreen Healthcare, Inc., a Pro Se
Philip R Weinberger Pro Se
Marylynn Mahan Pro Se
Plaintiff(s):
Howard M Ehrenberg Represented By Steven Werth Asa S Hami Daniel A Lev
10:30 AM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Daniel A Lev Kim O Dincel Claire K Wu Asa S Hami
10:30 AM
Adv#: 6:21-01052 Anderson v. Mays et al
Docket 1
NONE LISTED -
Debtor(s):
Leon Richard Mays Represented By
W. Derek May
Defendant(s):
Leon Richard Mays Pro Se
Darryl W. Daniels Pro Se
Joint Debtor(s):
Darryl W Daniels Represented By
W. Derek May
Plaintiff(s):
Karl T. Anderson Represented By Claudia Coleman Tinho Mang
Trustee(s):
Karl T Anderson (TR) Represented By Tinho Mang
Richard A Marshack Chad V Haes
10:30 AM
Adv#: 6:21-01049 Bui v. Ramirez
(3) Quiet title; and (4) Turnover of property of the estate
Docket 1
NONE LISTED -
Debtor(s):
George Armando Saucedo Represented By Daniel R Shapiro
Defendant(s):
Jose L. Ramirez Pro Se
Joint Debtor(s):
Julia Saucedo Represented By Daniel R Shapiro
Plaintiff(s):
Lynda T. Bui Represented By
Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
10:30 AM
Adv#: 6:21-01048 Simons (TR) v. Juarez
Docket 1
NONE LISTED -
Debtor(s):
Corey Michael Popik Represented By Norma Duenas
Defendant(s):
Dalila Juarez Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
10:30 AM
Adv#: 6:21-01051 Cisneros, solely in his capacity as the chapter 7 v. Chan et al
Docket 1
NONE LISTED -
Debtor(s):
Eugene Thomas Chan Represented By
James D. Hornbuckle
Defendant(s):
Eugene Thomas Chan Pro Se
Rene Caccavale-Zambel Pro Se
Plaintiff(s):
Arturo M Cisneros, solely in his Represented By Nathan F Smith
Trustee(s):
Arturo Cisneros (TR) Represented By Nathan F Smith
10:30 AM
Adv#: 6:21-01064 Wadler v. Marts
Docket 1
NONE LISTED -
Debtor(s):
Michael Marts Represented By Ryan S Carrigan
Defendant(s):
Michael Marts Pro Se
Plaintiff(s):
Wayne Wadler Represented By Dawn Kirk
Trustee(s):
Robert Whitmore (TR) Pro Se
10:30 AM
Adv#: 6:21-01054 Wagner et al v. Hamilton & Associates, APC et al
Docket 1
NONE LISTED -
Debtor(s):
Allan Wagner Represented By Jonathan D Doan
Defendant(s):
Hamilton & Associates, APC Pro Se
Ben-Thomas Hamilton Pro Se
John Delisi Pro Se
Plaintiff(s):
Allan Wagner Represented By Karen S Spicker
Liang Wang Represented By
Karen S Spicker
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
Adv#: 6:21-01063 Lucky Group (HK) Limited, Inc. v. Williams
Docket 1
NONE LISTED -
Debtor(s):
Lisa Rochelle Williams Represented By Todd L Turoci
Defendant(s):
Lisa Rochelle Williams Pro Se
Plaintiff(s):
Lucky Group (HK) Limited, Inc. Represented By
Peter T Steinberg
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:21-01032 Forester et al v. CITIBANK N.A.
Docket 18
NONE LISTED -
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
2:00 PM
Adv#: 6:21-01037 Bui et al v. SPG Advance LLC, a New York Limited Liability Comp
Docket 12
NONE LISTED -
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Defendant(s):
SPG Advance LLC, a New York Represented By Jason B Komorsky
Lazer Preizler Represented By Jason B Komorsky
Burech Weinstock 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
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
10:00 AM
Adv#: 6:18-01245 Karl T. Anderson CPA, Inc. v. Georgia Department of Revenue and Lynnette
Docket 1
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
Georgia Department of Revenue and Represented By
Charles Tsai David Carson
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw Cionca IP Law P C
11:00 AM
Docket 1
Debtor(s):
Jaspreet Singh Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Docket 0
Debtor(s):
Dinorah Cruz Reyes Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera
FROM: S/C 4-9-20, 5-7-20, 7-2-20, 7-23-20, 8-6-20, P/T 2-11-21
Docket 1
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
Adv#: 6:20-01004 Troy Daul and Andrea Daul Trustees of the Troy Dau v. Loera
FROM: S/C 7-23-20, 8-6-20, 2-11-21
Docket 0
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
Adv#: 6:20-01143 Moon v. Ha
FROM: 1-14-21
Docket 0
Debtor(s):
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
Adv#: 6:20-01143 Moon v. Ha
FROM: S/C 12-3-20, 1-14-21
Docket 1
Debtor(s):
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
Adv#: 6:20-01161 Bui v. Pillado
FROM: S/C 12-3-20, 3-11-21, 4-15-21
Docket 1
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
2:00 PM
Adv#: 6:18-01247 Karl T. Anderson CPA, Inc. v. United States of America, Department of the
FROM: S/C 4-11-19, P/T 12-5-19, 6-25-25, 9-19-20
Docket 1
Debtor(s):
Universal Surveillance Systems, Represented By
Jeffrey I Golden
Defendant(s):
United States of America, Pro Se
Plaintiff(s):
Karl T. Anderson CPA, Inc. Represented By Judith E Marshack
Trustee(s):
Karl T Anderson (TR) Represented By Richard A Marshack Judith E Marshack Matthew Grimshaw
4:00 PM
FROM: 11-18-20, 1-15-21, 2-26-21, 5-13-21
Docket 75
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
10:00 AM
FROM: 12-2-20, 3-8-21, 3-8-21
Docket 2
Debtor(s):
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 2
Debtor(s):
Urania Ursa Banks Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
FROM: 12-2-20
Docket 2
Debtor(s):
Alma Rosa Amaya Represented By Stephen S Smyth William J Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
Docket 1
Debtor(s):
Alma Rosa Amaya Represented By Stephen S Smyth
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
FROM: 12-9-20
Docket 2
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
10:00 AM
Docket 2
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
10:30 AM
FROM: 7-31-19, 10-4-19, 1-17-20, 2-21-20, 9-8-20, 1-11-21
Docket 79
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
10:30 AM
Docket 2
Debtor(s):
Hyun Joo Thompson Represented By Krystina T Tran
Trustee(s):
Rod Danielson (TR) Pro Se
10:30 AM
FROM: 3-25-20, 6-26-20, 9-24-20, 1-11-21
Docket 1
Debtor(s):
Hyun Joo Thompson Represented By Krystina T Tran
Trustee(s):
Rod Danielson (TR) Pro Se
1:00 PM
Docket 640
Debtor(s):
Mark Technologies Corporation Represented By Eve H Karasik
Trustee(s):
Helen R. Frazer (TR) Represented By Elissa Miller Sulmeyer Kupetz
1:00 PM
Docket 335
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe Todd Curry
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 336
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe Todd Curry
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 337
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe Todd Curry
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 338
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe Todd Curry
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 339
Debtor(s):
Aguina Aguina Represented By
W. Derek May Melissa Davis Lowe Todd Curry
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:00 PM
Docket 265
Debtor(s):
Vario Corp. Represented By
Michael Y Lo
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Ryan D O'Dea
1:00 PM
Docket 309
Debtor(s):
Accelerating Ministries Represented By Michael Jay Berger
Amelia Puertas-Samara
Trustee(s):
Todd A. Frealy (TR) Represented By Philip A Gasteier Carmela Pagay William Brown III
1:00 PM
Docket 32
Debtor(s):
Josue Martinez Represented By Edward G Topolski
Joint Debtor(s):
Mayra Nataly Martinez Represented By Edward G Topolski
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:00 PM
Docket 30
Debtor(s):
Gregory Naulls Represented By Andy Nguyen
Joint Debtor(s):
Carmen Naulls Represented By Andy Nguyen
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:00 PM
Docket 45
Debtor(s):
Keith R Adams Represented By Paul Y Lee
Joint Debtor(s):
Linda M Adams Represented By Paul Y Lee
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:00 PM
Docket 26
Debtor(s):
Esperanza Salguero Represented By Jaime A Cuevas Jr.
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:00 PM
Docket 29
Debtor(s):
Wilson Gomer MD Professional Represented By
Jason E Turner
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Docket 27
Debtor(s):
Global Pacific Management, LLC Represented By
J. Luke Hendrix
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Clare Bersola Geli Represented By Barry E Borowitz
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Sonya Yvonne Wright Represented By Timothy S Huyck
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Brian Stanley Represented By Sundee M Teeple
Joint Debtor(s):
Susan Stanley Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Quincy Lamont Taylor Represented By Christopher Hewitt
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Lacrezia Carmella Hewitt Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 64
NONE LISTED -
Debtor(s):
Patrick Sanches Represented By Todd L Turoci
Joint Debtor(s):
Agripina Sanches Represented By Todd L Turoci
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 57
NONE LISTED -
Debtor(s):
Jose Alejandro Contreras Represented By
D Justin Harelik
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 49
NONE LISTED -
Debtor(s):
Denise Cuevas Represented By Nicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 87
NONE LISTED -
Debtor(s):
Juana Gonzalez Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Debtor(s):
Maximino Fragroso Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Rodolfo Paredes Robles Represented By Dana Travis
Joint Debtor(s):
Erica Paredes Represented By Dana Travis
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 1
NONE LISTED -
Debtor(s):
Esther Reyes Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Charles S. Dice Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Kiedryn D. Carter Represented By Terrence Fantauzzi
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Jason Zepeda Represented By
Andy Nguyen
Joint Debtor(s):
Claudia Zepeda Represented By Andy Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Derek Barton Represented By
Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Jose Ibanez Caampued Represented By Heather J Canning
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Justin Gerald Palazzolo Represented By Anthony B Vigil
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 2
NONE LISTED -
Debtor(s):
Fabiola del Carmen Chavez Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
2:00 PM
Docket 3
NONE LISTED -
Debtor(s):
Mia Suzanne Moyer Represented By Norma Duenas
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
REVERSE MORTGAGE FUNDING VS DEBTOR
Property: 31242 Orange Ave, Nuevo, CA 92567 [Real Prop] Sean C. Ferry, attorney/movant
Docket 70
NONE LISTED -
Debtor(s):
Beverly Mary Langdon Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
2ND CHANCE MORTGAGES VS DEBTOR
Property: 1097 San Antonio Dr., Suite 23, Colton, CA 92324 [UD] William E. Windham, attorney/movant
Docket 23
NONE LISTED -
Debtor(s):
Salvador Colchado G Pro Se
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 16
NONE LISTED -
Debtor(s):
Tammy Marie Sprague Represented By Kevin Tang
Trustee(s):
Rod Danielson (TR) Pro Se
10:00 AM
CITIGROUP MORTGAGE LOAN TRUST VS DEBTOR
Property: 31473 Florida Street, Redlands, CA 92373 [Real Prop] Austin P. Nagel, attorney/movant
Docket 79
NONE LISTED -
Debtor(s):
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 Chad V Haes
10:00 AM
WELLS FARGO BANK VS DEBTOR
Property: 2019 Ford Truck F250 Super Duty [Personal Prop] Joseph C Delmonte, attorney/movant
Docket 34
NONE LISTED -
Debtor(s):
Blake Vincent Collins Represented By James P Doan
Movant(s):
Wells Fargo Bank, N.A., d/b/a Wells Represented By
Josephine E Salmon
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Property: 2018 Ford Escape
[Personal Prop] Sheryl K. Ith, attorney/movant
Docket 23
NONE LISTED -
Debtor(s):
Heun Hee Bae Represented By David Marh
Movant(s):
Cab West, LLC Represented By Sheryl K Ith
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
AMERICAN HONDA FINANCE VS DEBTOR
Property: 2018 Honda Accord
[Personal Prop] Vincent V. Frounjian, attorney/movant
Docket 9
NONE LISTED -
Debtor(s):
Renee Michelle Allred Represented By Seema N Sood
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:20-01144 Simons v. Loera
FROM: S/C 12-3-20, P/T 5-13-21
Docket 1
NONE LISTED -
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
Adv#: 6:21-01048 Simons (TR) v. Juarez
Docket 9
NONE LISTED -
Debtor(s):
Corey Michael Popik Represented By Norma Duenas
Defendant(s):
Dalila Juarez Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
1:30 PM
FROM: 4-21-21
Docket 3
NONE LISTED -
Debtor(s):
Kashif Khan Represented By
Sundee M Teeple
Joint Debtor(s):
Monica Cruz Represented By
Sundee M Teeple
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Docket 3
NONE LISTED -
Debtor(s):
Kashif Khan Represented By
Sundee M Teeple
Joint Debtor(s):
Monica Cruz Represented By
Sundee M Teeple
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Michelle F. Allan Represented By Paul Y Lee
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
Debtor(s):
Brian E Scott Represented By
Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Brian E Scott Represented By
Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
Debtor(s):
Perry C Robertson Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Perry C Robertson Represented By Summer M Shaw
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
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
1:30 PM
Docket 2
NONE LISTED -
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
1:30 PM
FROM: 4-21-21
Docket 1
NONE LISTED -
Debtor(s):
Rovinski Renter Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Rovinski Renter Represented By Michael Smith
Trustee(s):
Rod Danielson (TR) Pro Se
1:30 PM
FROM: 4-21-21
Docket 6
NONE LISTED -
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
1:30 PM
Docket 1
NONE LISTED -
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
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
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
1:30 PM
Docket 2
NONE LISTED -
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
1:30 PM
FROM: 4-21-21
Docket 2
NONE LISTED -
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
1:30 PM
Docket 2
NONE LISTED -
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
2:30 PM
FROM: 5-5-21
Docket 2
NONE LISTED -
Debtor(s):
Pascual Liera Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Pascual Liera Jr. Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 5-5-21
Docket 2
NONE LISTED -
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
2:30 PM
Docket 2
NONE LISTED -
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
2:30 PM
FROM: 5-5-21
Docket 6
NONE LISTED -
Debtor(s):
Kevin Hargrove Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Kevin Hargrove Represented By Sundee M Teeple
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 5-5-21
Docket 2
NONE LISTED -
Debtor(s):
Christopher John Uttecht Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Christopher John Uttecht Represented By Daniel King
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 5-5-21
Docket 1
NONE LISTED -
Debtor(s):
Lillian Baker Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Lillian Baker Represented By
James D. Hornbuckle
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 5-5-21
Docket 2
NONE LISTED -
Debtor(s):
Minh The Doan Represented By Lyly Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
Docket 2
NONE LISTED -
Debtor(s):
Minh The Doan Represented By Lyly Nguyen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 5-5-21
Docket 1
NONE LISTED -
Debtor(s):
Keith Fairbrother Represented By
Dennis A Rasmussen
Trustee(s):
Rod Danielson (TR) Pro Se
2:30 PM
FROM: 4-21-21
Docket 1
NONE LISTED -
Debtor(s):
Keith Fairbrother Represented By
Dennis A Rasmussen
Trustee(s):
Rod Danielson (TR) Pro Se