10:00 AM
fr. 9/26/17, 10/24/17, 11/7/17
Docket 79
Updated tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d)(2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129 (a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted. Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on
10:00 AM
10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
1:30 PM
Docket 24
No tentative ruling will be issued for the motion heard on shortened notice. However, the motion as to the Internal Revenue Service appears to be resolved by stipulation and order, but not resolved as to the California Employment Development Department. Appearances are required on 1/4/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
Docket 28
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 1/4/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
2:00 PM
Docket 17
The court is inclined to grant the nondebtor witness's motion for protective order unless creditor better explains that the objected to requests for documents falls within the scope of FRBP 2004(b), i.e., documents relating to transactions between the witness and nondebtor entities relate to the acts, conduct, or property, or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of debtor's estate (or debtor's right to a discharge, not applicable here). It is not clear why documents of the nondebtor parties for transactions before debtor was incorporated in October 2016 fall within the scope of FRBP 2004(b).
Appearances are required on 1/4/18, but counsel may appear by telephone.
Debtor(s):
Encinal Entertainment Group Inc. Represented By
Roland H Kedikian
Trustee(s):
Richard K Diamond (TR) Pro Se
10:30 AM
Docket 169
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition.
Deny request for stay relief under 11 U.S.C. 362(d)(2) and (g)(1) for lack of valuation evidence regarding the lack of equity of debtor in the subject property.
Deny requests for extraordinary relief in paragraphs 6, 8, 10, 11 and 14 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The court notes that the numbering of the exhibits was inconsistent between numbers on page 4 and letters on page 6 and not all of the exhibits were separately tabbed under LBR 5005-2(d), including the trust deed assignments.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 1/9/18, but counsel may appear by telephone.
Debtor(s):
Melissa Sue Anderson Represented By Renee E Sanders
10:30 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
fr. 11/28/17
Docket 60
No updated tentative ruling as of 1/8/18. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling. Deny motion for stay relief under 11 U.S.C. 362(d)(1) and (2) as movant fails to provide any evidence of valuation to meet its burden of showing debtors' lack of equity in the subject property under 11
U.S.C. 362(g)(1).
Deny motion for stay relief under 11 U.S.C. 362(d)(4) as movant fails to provide any evidence to support a basis for relief either multiple bankruptcy filings or unconsented to transfers. As alleged in paragraph 6 of the motion, the only evidence of an "unconsented to:" transfer was the 2004 grant deed transferring the title "to" debtors, not "from" them, which does not support any claim under 11 U.S.C. 362(d)(4) since among other things, this 2004 deed predates movant's 2006 trust deed.
Deny request for stay relief from the co-debtor stay of 11 U.S.C. 1201(a) or 1301(a) since the co-debtor stay does not exist in a Chapter 7 bankruptcy case such as this one, and so there is no co-debtor stay to obtain relief from.
Deny requests for extraordinary relief under paragraphs 8 and 10 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The moving papers are so seriously deficient that it indicates a level of practice below what is expected of practitioners before this court and that either signing counsel did not sufficiently read, review and proofread these papers, or staff who prepared the papers for counsel is not sufficiently
10:30 AM
trained, or both.
Appearances are required on 11/28/17.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
fr. 11/7/17, 12/19/17
Docket 56
Off calendar. Continued by stipulation and order to 1/16/18 at 10:30 a.m. No appearances are required on 1/9/18.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
Movant(s):
WELLS FARGO BANK, N.A. Represented By Todd S Garan
10:30 AM
Docket 23
Grant movant relief from stay pursuant to 11 U.S.C. 362(d) (2) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Appearances are required on 1/9/18, but counsel may appear by telephone.
Debtor(s):
Elizabeth Annamaria Szkiba Pro Se
Joint Debtor(s):
James William Dowdy Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Samuel Jong You Represented By Joseph Collier
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
10:30 AM
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ralph Neal Davis Represented By Desiree V Causey
Movant(s):
Balboa Thrift & Loan Represented By Keith E Herron
10:30 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nicolaza Martinez Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(American Honda Finance Corporation, VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Brenda Rodriguez Represented By Steven B Lever
Movant(s):
AMERICAN HONDA FINANCE Represented By
10:30 AM
Trustee(s):
Vincent V Frounjian
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 22
As clarified by the reply, movant only seeks at this time to obtain state court review to confirm the arbitration award. Based on permissive abstention considerations, the court should grant such stay relief for cause under 11
U.S.C. 362(d)(1) to allow further litigation in a nonbankruptcy forum since this is a related proceeding already commenced in a nonbankruptcy forum involving state law noncore claims in which state law issues predominate, movant's claims will need to be liquidated somewhere, and the claims apparently have been fully litigated in the nonbankruptcy arbitration proceedings subject to confirmation in state court. and it would be burdensome for this court to litigate such claims. In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1170 (9th Cir. 1990). Debtor's concerns regarding enforcement of any arbitration award should be allayed by movant's representations in the reply that no other relief is being presently sought. No other relief will be granted at this time, including the requests for extraordinary relief. Appearances are required on 1/9/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
(Milllwood Trust #1221, Mohammad Esmaili or Yong T. Kim as Trustee VS Debtor)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Dong Bae Cho Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:15-01544 Franowicz et al v. Cook et al
Retaliatory eviction (Cal. Civ. Code §1942.5(c) & Common Law); and
Injunctive relief
fr. 1/26/16, 3/8/16, 8/2/16, 1/31/17, 7/11/17
Docket 1
- NONE LISTED -
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian Cook Represented By
Rex Tran
Victoria Velasquez Cook Represented By Rex Tran
Interested Party(s):
Courtesy NEF Represented By Paul R Shankman
Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
1:30 PM
Plaintiff(s):
Edward Franowicz Represented By
Brian Barouir Yeretzian James Andrew Hinds Jr
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian
Trustee(s):
Heide Kurtz Represented By
Lei Lei Wang Ekvall
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01122 Leslie v. Global Law Group Corporation
(2) recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 4/4/17, 6/6/17, 8/15/17, 10/17/17
Docket 1
- NONE LISTED -
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
Defendant(s):
Global Law Group Corporation Pro Se
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:17-01128 Leslie v. Edward C. Lee, CPA
(2) recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 6/27/17, 8/15/17, 10/17/17
Docket 1
Updated tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/20/18 at 1:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/16/17. Off calendar. Continued by stipulation and order to 1/9/18 at 1:30 p.m. No appearances are required on 10/17/17.
Updated tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report stating that the matter is in the process of being resolved and continues the status conference on its own motion to 6/27/17 at 1:30 p.m. Plaintiff to notify defendant of the continuance. No appearances are required on 4/4/17, but counsel may appear by telephone.
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
Defendant(s):
Edward C. Lee, CPA Pro Se
1:30 PM
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:17-01519 Wells v. Diamond
Docket 1
Off calendar. Status conference reset for 1/30/18 at 1:30 p.m. based on issuance of another summons. No appearances are required on 1/9/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Richard K Diamond Pro Se
Plaintiff(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
1:30 PM
fr. 8/8/17, 9/22/17, 11/7/17
Docket 16
Off calendar. Matter vacated by order entered on 12/14/17. No appearances are necessary.
Debtor(s):
Jesse Beltran Represented By
Michael Salanick
Joint Debtor(s):
Silvia Godoy Represented By
Michael Salanick
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
1:30 PM
Adv#: 2:17-01515 Avery v. Uzquiano et al
Docket 1
Off calendar. Adversary proceeding voluntarily dismissed by notice filed on 11/21/17. No appearances are necessary.
Debtor(s):
Cascada Arroyo Corp Pro Se
Defendant(s):
Violeta Uzquiano Pro Se
Karen Martinez Pro Se
Roman Morales Pro Se
Joel Morales Pro Se
Alberta Garcia Pro Se
Panfilo Gonzales Pro Se
Jessica Vidal Pro Se
Ricardo Marin Pro Se
Miguel Hernandez Pro Se
John Diego Risso Pro Se
Maria Elena San Pro Se
Johnny Uzquiano Pro Se
1:30 PM
Plaintiff(s):
Wesley H Avery Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
1:30 PM
Adv#: 2:17-01521 GRAND VIEW FINANCIAL, LLC v. WELLS FARGO BANK, N.A. et al
Docket 1
Off calendar. Status conference reset for 2/27/18 at 1:30 p.m. based on issuance of another summons on plaintiff's amended complaint. No appearances are required on 1/9/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
WERKING, INC. Pro Se
CLEAR RECON CORP. Pro Se
WELLS FARGO BANK, N.A. Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:17-01518 Mercedes-Benz Financial Services USA, LLC dba Daim v. Guerrero, Jr.
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report, and in light of default being entered against defendant, the court on its own motion continues the status conference to 4/17/18 at 1:30 p.m. to allow time for plaintiff to prepare and file its motion for default judgment. No appearances are required on 1/9/18.
Debtor(s):
Carlos Guerrero Jr. Represented By Omar Zambrano
Defendant(s):
Carlos Guerrero Jr. Pro Se
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
John H Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee]
Docket 92
No tentative ruling in light of objection of creditor Armen T. Tashjian. Appearances are required on 1/9/18 to discuss scheduling of an evidentiary hearing on the objection and on the fee application of creditor Tashjian, which trustee has objected to, but counsel may appear by telephone. Creditor Tashjian will have to give proper notice of his fee application, or otherwise, the court will disapprove his fee application for lack of notice.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
2:30 PM
Docket 90
No tentative ruling in light of objection of creditor Armen T. Tashjian. Appearances are required on 1/9/18 to discuss scheduling of an evidentiary hearing on the objection and on the fee application of creditor Tashjian, which trustee has objected to, but counsel may appear by telephone. Creditor Tashjian will have to give proper notice of his fee application, or otherwise, the court will disapprove his fee application for lack of notice.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 85
No tentative ruling in light of objection of creditor Armen T. Tashjian. Appearances are required on 1/9/18 to discuss scheduling of an evidentiary hearing on the objection and on the fee application of creditor Tashjian, which trustee has objected to, but counsel may appear by telephone. Creditor Tashjian will have to give proper notice of his fee application, or otherwise, the court will disapprove his fee application for lack of notice.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
2:30 PM
Application for fees and expenses [Brad D. Krasnoff, Chapter 7 Trustee]
Docket 57
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/9/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Joseph Ellison Represented By David S Hagen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 55
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/9/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Joseph Ellison Represented By David S Hagen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 192
Assuming all parties have signed the settlement agreement (the moving papers did not contain an authorized signature for the Center parties), grant trustee's motion to approve settlement for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 1/9/18, but counsel may appear by telephone.
Debtor(s):
Phoenix Home Restorations LLC Pro Se
Movant(s):
Wesley H Avery (TR) Represented By Robert M Aronson
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 82
No tentative ruling as of 1/8/18. Appearances are required on 1/9/18.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
fr. 7/25/17, 10/24/17, 11/28/17
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed defendant's status report, but notes that plaintiff was not part of the status report.
Defendant untimely served his answer, but default had not yet been entered. Plaintiff to address whether it objects to the filing of the answer and defendant defending in this matter since plaintiff indicated at the status conference on 7/25/17 that it intended to resubmit a request for entry of default.
Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Debtor(s):
Jay Yoon Represented By
Young K Chang
Defendant(s):
Jay Yoon Pro Se
2:30 PM
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Application for fees and expenses [Brad D. Krasnoff, Chapter 7 Trustee]
Docket 23
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/9/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Meri Lee Schelby Represented By Daniel King
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 15
Based on the opposing and reply papers, it appears that the parties agree that respondent bankruptcy petition preparer should be fined a total of $500 for one violation of 11 U.S.C. 110 and should disgorge $250 of fees of $300 paid to her by debtor. The court is inclined to approve this resolution of the motion if both parties agree. Appearances are required on 1/9/18.
Debtor(s):
Moises A Garcia Bastida Pro Se
Joint Debtor(s):
Carolina Beatris Garcia Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 26
Deny motion for sanctions on grounds that debtor lacks standing to sue for stay violations in a Chapter 7 bankruptcy case since only the Chapter 7 trustee has standing to assert violations of stay as to estate property, such as the subject vehicle. In re Mwangi, 764 F.3d 1168, 1171 (9th Cir. 2014), cited with approval in, In re Perry, 2017 WL 1276075 (C.D. Cal. 2017).
Appearances are required on 1/9/18, but counsel may appear by telephone.
Debtor(s):
Jasmine Lepe Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 6
Off calendar. Application granted by order entered on 1/4/18. No appearances are necessary.
Debtor(s):
Manuel V Estrada-Sandoval Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 6
Off calendar. Application granted by order entered on 1/4/18. No appearances are necessary.
Debtor(s):
Dina Maritza Posada Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
3:00 PM
fr. 8/29/17, 10/3/17
Docket 45
Updated tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
No updated tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
3:00 PM
Docket 47
Updated tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
3:00 PM
fr. 11/2/17, 11/29/17, 12/14/17
Docket 223
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
3:00 PM
Docket 263
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
3:00 PM
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
3:00 PM
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
3:00 PM
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
3:00 PM
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits.
3:00 PM
Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
3:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 11/8/17, 11/29/17, 12/14/17
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
3:00 PM
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
3:30 PM
Adv#: 2:17-01521 GRAND VIEW FINANCIAL, LLC v. WELLS FARGO BANK, N.A. et al
Docket 6
Off calendar. Because plaintiff amended its complaint as a matter of course in response to defendant's motion to dismiss under FRBP 7012 and FRCP 12
(b) within the 21 day service period as extended by FRBP 9006(a)(1), this moots defendant's motion to dismiss the original complaint. No appearances are required on 1/9/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
WELLS FARGO BANK, N.A. Pro Se
CLEAR RECON CORP. Represented By Todd S Garan
WERKING, INC. Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
10:00 AM
costs for the period April 24, 2017 through September 1, 2017 fr. 10/18/17, 10/25/17, 12/6/17
Docket 59
Updated tentative ruling as of 1/8/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 1/10/18.
Prior tentative ruling as of 12/4/17. The court has reviewed debtor's opposition to the application filed on 11/30/17 and applicant's notice of failure to comply with scheduling order in response thereto filed on 12/1/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone. The court is not inclined to strike the opposition as untimely and grant the interim application in full at this time because the court should allow some latitude to debtor who is now self- represented and anyway, the application is only interim subject to final review in the future. The court believes that the dispute between the parties may as well be resolved now. Applicant will need to address the objections of debtor to specific billing entries on the fee application, which objections were filed on 11/30/17, and the court will schedule an evidentiary hearing in the future to go over the objections, of which some appear to be meritorious. If applicant believes that it is prejudiced by the late filing, the court will give it additional time to respond and prepare for the evidentiary hearing.
Updated tentative ruling as of 10/23/17. The court is inclined to approve the first interim fee application of counsel for debtor-in-possession for the reasons stated in the fee application and for lack of timely written objection. Debtor has filed no written objection to the motion, but the court will hear any oral objection of debtor at the hearing since he is effectively representing himself at this hearing and counsel in his supplemental declaration indicated that debtor verbalized concerns about attorneys' fees incurred in this case.
10:00 AM
Appearances are required on 10/25/17.
Prior tentative ruling. The application is procedurally deficient. First, the application may not be considered as a final fee application since a plan has not been confirmed in this Chapter 11 case or there is some other final disposition of the case. Fees may not be awarded on a final basis at this time. Second, since the application seeks immediate payment of fees, applicant has not provided any information about whether there are funds in the bankruptcy estate to pay the requested fees. Third, there is no filed declaration regarding client review of the application as required by LBR 2016-1(a)(1)(J). Appearances are required on 10/18/17, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Represented By Matthew D Resnik Roksana D. Moradi
11:00 AM
fr. 11/29/17, 12/6/17
Docket 161
Updated tentative ruling as of 1/8/18. Approve first interim fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/10/18, but applicant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. The fee application will have to be revised because the court cannot evaluate the reasonableness of the services rendered under 11
U.S.C. 330 because numerous billing entries have multiple services listed, which is considered "lumping" of services and not permitted (e.g., billing entries for 3/6/17 of 3.4 hours lists 7 different tasks aggregated together). The court can only evaluate the reasonableness of fees for a particular task,
not multiple tasks lumped together. Appearances are required on 12/5/17, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 37
Updated tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required on 1/10/18, but counsel may appear by telephone.
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
fr. 12/13/17
Docket 40
Updated tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required on 1/10/18, but counsel may appear by telephone.
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
Movant(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Off calendar. Continued to 1/17/18 at 11:30 a.m. by order entered on 12/28/17. No appearances are required on 1/10/18.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
11:00 AM
Docket 1
The court has reviewed debtor's status report. The proposed claims bar date and notice dates proposed in the status report are satisfactory. Because debtor indicated on the petition that this is a single asset real estate case, debtor should advise the court whether it will be asking the court for an extension of the 90 day deadline for filing a plan or commencing adequate protection payments to avoid stay relief under 11 U.S.C. 362(d)(3) for a creditor whose claim is secured by the real estate. Appearances are required on 1/10/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:30 AM
Docket 124
Updated tentative ruling as of 1/8/18. The court has reviewed debtor's status report. Appearances are required on 1/10/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
The court will ask debtor to explain his comments that certain creditors are no longer accepting plan payments (i.e., how does he know that?).
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. Appearances are required on 5/10/17, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 10/24/16. Appearances are required on 10/26/16.
No updated tentative ruling as of 10/3/16. Appearances are required on 10/5/16.
Prior tentative ruling as of 4/4/16. The court has reviewed debtor's postconfirmation payment status reports. No tentative ruling on the merits. Appearances are required on 4/6/16.
Updated tentative ruling as of 2/22/16. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
Prior tentative ruling as of 1/15/16. Appearances are required on 1/20/16, but counsel may appear by telephone.
Prior updated tentative ruling as of 12/14/15. Appearances are required on 12/16/15, but counsel may appear by telephone.
11:30 AM
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/5/15. Appearances are required on 10/7/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/15. No tentative ruling on the merits. Appearances are required on 5/27/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/18/15. No tentative ruling on the merits. Appearances are required on 5/20/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/28/15. The court has reviewed the debtor's post- confirmation status report. The status conference will be conducted at the same time as the hearing on the motion of United States Trustee to dismiss or convert on the 11:30 a.m. calendar. Appearances are required on 4/29/15, but counsel and debtor may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 2/17/15. The court has reviewed the unilateral status reports of debtor and United States Trustee. Appearances are required on 2/18/15, but counsel and debtor may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 12/15/14. The court has reviewed debtor's status report. Appearances are required on 12/17/14, but counsel and debtor representing himself may appear by telephone.
Prior tentative ruling as of 10/21/14. The court has reviewed debtor's status report. Appearances are required on 10/22/14, but counsel may appear by
11:30 AM
telephone.
Prior tentative ruling as of 5/27/14. The court has reviewed debtor's status report and the United States Trustee's report that debtor is not current with UST quarterly fees. No tentative ruling. Appearances are required on 5/28/14 to discuss status and UST fee delinquency, but counsel may appear by telephone.
NOTE: Due to the judge's commitment as chair of a court committee meeting at noon, the hearing may be carried over to the afternoon or rescheduled if the hearing is not concluded by noon.
Prior tentative ruling as of 3/24/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 3/26/14, but counsel may appear by telephone.
Updated tentative ruling as of 1/27/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 1/29/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Debtor(s):
Derrick Darone Lightfoot Represented By Sylvia Lew
Movant(s):
Derrick Darone Lightfoot Represented By Sylvia Lew
11:30 AM
Docket 1
Updated tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized
11:30 AM
debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
11:30 AM
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
2:00 PM
Adv#: 2:16-01577 Evans v. Tippie et al
Docket 50
No tentative ruling as of 1/8/18. Appearances are required on 1/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By Steven Werth David J Richardson
SulmeyerKupetz, a Professional Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
2:00 PM
Adv#: 2:16-01577 Evans v. Tippie et al
1. Legal Malpractice; 2. Intentional and Negligent Misrepresentation; 3. Breach of the Implied Covenant of Good Faith and Fair Dealings; 4. Breach of Fiduciary Duty; 5. Civil Conspiracy; 6. Racism; 7. Fraud & Fraudulent Inducement; 8. Intentional and Negligent Infliction of Emotional Distress
Docket 56
No tentative ruling as of 1/8/18. Appearances are required on 1/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
SulmeyerKupetz, a Professional Represented By
David J Richardson
Alan G. Tippie Represented By Steven Werth David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
2:00 PM
Adv#: 2:16-01577 Evans v. Tippie
fr. 1/31/17, 10/31/17
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Updated tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 10/31/17 to discuss scheduling of further proceedings, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 1/30/17. Appearances are required on 1/31/17.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By Steven Werth David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
9:00 AM
Adv#: 2:16-01037 Avery v. Gonzalez
property under 11 U.S.C. §542(a); (2) Temporary injunction, preliminary and permanent injunction; (3) Declaratory relief; (4) Constructive trust;
(5) Conversion; (6) Revocation of discharge for discharge for fraud under 11 U.S.C. §727(d)(1); and, (7) Revocation of discharge for fraudulent acquisition of estate assets under 11 U.S.C. §727(d)(2)
fr. 2/21/17, 8/17/17, 10/17/17
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling will be issued for trial. Appearances are required on 1/11/18.
Prior tentative ruling as of 10/11/17. No tentative ruling will be issued for trial. Appearances are required on 10/19/17.
Prior tentative ruling as of 2/17/17. No tentative ruling on the merits. Appearances are required on 2/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. No tentative ruling on the merits. Appearances are required on 1/31/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. The court has reviewed the joint status report. No tentative ruling on the merits. The court notes that a substitution of attorney was filed on 11/6/16 that defendant is now self-represented.
Appearances are required on 11/15/16.
Prior tentative ruling as of 8/15/16. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 8/17/16.
Prior tentative ruling as of 7/12/16. Appearances are required on 7/15/16, but counsel may appear by telephone.
9:00 AM
Prior tentative ruling. The status conference will be conducted with the hearing on debtor's motion to convert in the main bankruptcy case scheduled for 3:00 p.m. No tentative ruling on the merits. Appearances are required on the 3:00 p.m. calendar, not the 1:30 p.m. calendar.
Debtor(s):
Arturo Gonzalez Represented By Anerio V Altman
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Wesley H Avery (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:16-01037 Avery v. Gonzalez
(5) Conversion; (6) Revocation of discharge for discharge for fraud under 11 U.S.C. §727(d)(1); and, (7) Revocation of discharge for fraudulent acquisition of estate assets under 11 U.S.C. §727(d)(2)
fr. 8/17/17, 10/17/17, 10/19/17, 1/11/18
Docket 1
Updated tentative ruling as of 1/8/18. No tentative ruling will be issued for trial. Appearances are required on 1/12/18 if trial is not completed on 1/11/18.
Updated tentative ruling as of 10/11/17. No tentative ruling will be issued for trial. Appearances are required on 10/20/17 if trial is not concluded on 10/19/17.
Prior tentative ruling as of 2/17/17. No tentative ruling on the merits. Appearances are required on 2/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. No tentative ruling on the merits. Appearances are required on 1/31/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. The court has reviewed the joint status report. No tentative ruling on the merits. The court notes that a substitution of attorney was filed on 11/6/16 that defendant is now self-represented.
Appearances are required on 11/15/16.
Prior tentative ruling as of 8/15/16. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 8/17/16.
Prior tentative ruling as of 7/12/16. Appearances are required on 7/15/16, but
9:00 AM
counsel may appear by telephone.
Prior tentative ruling. The status conference will be conducted with the hearing on debtor's motion to convert in the main bankruptcy case scheduled for 3:00 p.m. No tentative ruling on the merits. Appearances are required on the 3:00 p.m. calendar, not the 1:30 p.m. calendar.
Debtor(s):
Arturo Gonzalez Represented By Anerio V Altman
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Wesley H Avery (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 20
Because debtor had two prior bankruptcy cases pending within the year of filing of this case, which were dismissed, it appears that no automatic stay arose when the case was filed pursuant to 11 U.S.C. 362(c)(4) and that no automatic stay is in place because debtor has not filed a motion to impose the automatic stay under 11 U.S.C. 362(c)(4). Thus, relief should be granted to confirm that there was and is no automatic stay in effect because of 11
U.S.C. 362(c)(4), and there is no need to rule upon movant's claims under 11
U.S.C. 362(d)(1) and (2) or for annulment of stay, and the court will not grant those claims or requests. Deny requests for extraordinary relief in paragraphs 7, 9 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Jaime Estrada Pro Se
Movant(s):
Morgan Picks Two, LLC Represented By Barry L O'Connor
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 461
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny request for extraordinary relief in paragraph 10 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Robert Dominguez Represented By Arsen Pogosov
Joint Debtor(s):
Kaylee Casto Represented By
Arsen Pogosov
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
10:30 AM
fr. 11/7/17, 12/19/17, 1/9/18
Docket 56
Revised tentative ruling as of 1/16/18. Off calendar. Hearing is vacated by stipulation and order resolving motion. No appearances are required on 1/16/18.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
Movant(s):
WELLS FARGO BANK, N.A. Represented By Todd S Garan
11:00 AM
fr. 12/12/17
Docket 104
Updated tentative ruling as of 1/12/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Movant has demonstrated standing and a colorable claim to the property at issue based on its judgment for foreclosure from the Connecticut state court as well as the late-filed supplemental declaration claiming possession of the original promissory note on the mortgage. In re Griffin, 719 F.3d 1126 (9th Cir. 2013), and stay relief should be granted under 11 U.S.C. 362(d)(4) because of an unconsented-to transfer by the mortgagor to a third party who apparently used debtor's bankruptcy case to stop further enforcement of the judgment for foreclosure.
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny request for extraordinary relief in paragraph 10 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling. Deny stay relief motion without prejudice because movant's showing of standing to seek stay relief is not properly authenticated under Fed. R. Evid. 901 and 902. The court agrees with debtor's argument that movant has not established standing because the copies of the mortgage and assignments are not properly authenticated by a person with personal
11:00 AM
knowledge to authenticate the documents or by certification from the recording office. See also, Fed. R. Evid. 602 and 902(1), (2) and (4). The evidence of the Connecticut state court foreclosure judgment, Exhibit G to the reply, does not establish standing of movant since there is no reference to movant in the judgment, and by itself does not show that it relates to the mortgage sought to be enforced by movant. Movant also failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Appearances are required on 12/12/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 49
Off
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 1
The status conference will be conducted at 3:30 p.m. at the same time as the hearing on the motion to dismiss. No tentative ruling on the merits.
Appearances are required at 3:30 p.m., but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
fr. 12/19/17
Docket 162
Updated tentative ruling as of 1/12/18. Approve first interim fee application of special litigation counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/16/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. Applicant will need to submit in camera to the court unredacted versions of the billing statements in support of the fee application in order for the court to review the fee application. The court intends to continue the hearing so this can be done and the court can review the fee application. Appearances are required on 12/19/17, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 12/6/16, 2/28/17, 4/25/17
Docket 1
Updated tentative ruling as of 1/12/18. The court has reviewed the joint status report that the parties are requesting a stay pending the outcome of debtor's state court appeal. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. Off calendar. The court has reviewed the joint status report requesting that the status conference be continued for 3 weeks for the parties to evaluate the state court judgment recently entered.
The court on its own motion continues the status conference to 3/21/17 at 1:30 p.m. Counsel for plaintiff to notify counsel for defendant of the continuance. No appearances are required on 2/28/17.
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Appearances are required on 9/27/16, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
1:30 PM
Plaintiff(s):
All In One Trading, Inc., a Represented By Richard L Barnett
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
Docket 25
The court has reviewed counsel's response to the order to show cause. No tentative ruling on the merits. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Anthony Roy Martinez Represented By
Andrew Edward Smyth
Defendant(s):
Anthony Roy Martinez Represented By
Andrew Edward Smyth
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Represented By Alan I Nahmias
Stephen F Biegenzahn
1:30 PM
Adv#: 2:17-01181 Diamond, Chapter 7 Trustee, Plaintiff v. Engelman-Hutchings
fr. 7/11/17, 9/12/17, 11/14/17
Docket 1
Off calendar. The adversary proceeding is being dismissed by stipulation and order. No appearances are required on 1/16/18.
Debtor(s):
Alfred Hutchings Jr Represented By Matthew D Resnik
Defendant(s):
Jennifer M. Engelman-Hutchings Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
fr. 10/24/17
Docket 1
Updated tentative ruling as of 1/12/18. The status conference will be conducted on the 2:30 p.m. calendar with the hearing on plaintiff's motion for default judgment. Appearances are required at 2:30 p.m., not 1:30 p.m. No tentative ruling on the merits.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/24/17, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
Defendant(s):
Hye Jung Oh Pro Se
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:17-01415 Gross v. Kelly
fr. 10/24/17, 11/14/17
Docket 1
Updated tentative ruling as of 1/12/18. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 1/16/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling as of 11/13/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Pro Se
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:17-01537 Gonzalez v. Padilla
§ 523(A)(2)
Docket 1
No tentative ruling as of 1/12/18. Appearances are required on 1/16/18.
Debtor(s):
Oscar Padilla Represented By
Michael E Clark
Defendant(s):
Oscar Padilla Pro Se
Plaintiff(s):
Jose Gonzalez Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:17-01538 Wolkowitz v. Cruz
Docket 1
No tentative ruling as of 1/12/18. The court has reviewed the unilateral status reports of the parties, and the parties should address why no joint status report was filed. Appearances are required on 1/16/18.
Debtor(s):
Louis Omar Cruz Represented By Harriet L. Goldfarb
Defendant(s):
Louis Omar Cruz Pro Se
Plaintiff(s):
Edward M Wolkowitz Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:17-01534 Federal Insurance Company v. Mainolfi
Docket 1
Off calendar. Case converted to Chapter 13 and reassigned to Judge Bason. No appearances are required on 1/16/18.
Debtor(s):
Frank Mainolfi Represented By Nicholas M Wajda
Defendant(s):
Frank Mainolfi Pro Se
Plaintiff(s):
Federal Insurance Company Represented By David Billings
Trustee(s):
Kathy A Dockery (TR) Pro Se
1:30 PM
Adv#: 2:17-01535 Grand View Financial, LLC v. Tan et al
turnover of real property; and (3) turnover of property of the estate and accounting
Docket 1
The court has reviewed the joint status report, but notes that the status report is incomplete because page 3 of the form status report is missing. Set a discovery cutoff date of 11/30/18 and a further postdiscovery status conference for 12/11/18 at 1:30 p.m. with a joint status report due on 12/4/18. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
Stella Tan Represented By
Larry D Webb
Wei Guo Tan, Trustee of the Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 351
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
2:30 PM
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:30 PM
Docket 234
No tentative ruling as of 1/12/18. It is unclear whether debtor as the moving papers is asking for reconsideration of the court's prior orders denying his motions objecting to claim or is asking that the trustee admit wrongdoing in administering the estate. There is no cause for reconsideration under FRBP 3008 and FRCP 60(b) since there is no mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or other grounds for relief since the claims were withdrawn and the objections were moot, and this has not changed. There is no basis to request or order the trustee to admit any kind of wrongdoing. Appearances are required on 1/16/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Movant(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
fr. 12/19/17
Docket 157
Updated tentative ruling as of 1/12/18. Approve first interim and "final" fee application of former counsel for trustee on an interim basis for reasons stated in the fee application and for lack of timely written objection.
Appearances are optional on 1/16/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. Applicant will need to submit in camera to the court unredacted versions of the billing statements in support of the fee application in order for the court to review the fee application. The court intends to continue the hearing so this can be done and the court can review the fee application. Appearances are required on 12/19/17, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
Docket 95
Grant trustee's motion for order authorizing sale of real property, approving overbid procedures, approving payment and commissions, but no tentative ruling as to request for finding purchaser in good faith and waiving stay under FRBP 6004(h). Appearances are required on 1/16/18 for consideration of overbids, determination of good faith purchaser status and stay waiver request.
Debtor(s):
Arsenia Morales Liwanag Represented By Nicholas M Wajda
Trustee(s):
Timothy Yoo (TR) Represented By Lindsey L Smith
2:30 PM
11 U.S.C. § 707(b)(1), (b)(2) and (3)(B) and Contingent Motion to Extend Bar Date for filing Complaint Under 11 U.S.C. § 727 Objecting to Debtor's Discharge
Docket 22
Off calendar. The hearing is moot because the case was dismissed by stipulation and order entered on 12/21/17. No appearances are necessary.
Debtor(s):
Touria El Oudiyi Represented By Eliza Ghanooni
Movant(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
Docket 13
Updated tentative ruling as of 1/16/18. Deny motion for default judgment with leave to amend because the allegations in the complaint and motion are vague and conclusory and do not establish a prima facie case for its claims. Lu v. Liu (In re Liu), 282 B.R. 904, 907 (Bankr. C.D. Cal. 2002). The only fact that may have been shown by the moving papers is that debtor did not pay plaintiff for its goods, but no evidence of specific representations made by plaintiff or of why such representations are false are alleged or shown.
Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
Defendant(s):
Hye Jung Oh Pro Se
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
Trustee(s):
Elissa Miller (TR) Pro Se
3:00 PM
Adv#: 2:17-01519 Wells v. Diamond
Docket 9
Off calendar. The motion to dismiss is moot because plaintiff filed a notice of voluntary dismissal before an answer or summary judgment motion was filed pursuant to FRBP 7041 and FRCP 41(a)(1)(i). No appearances are required on 1/16/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Richard K Diamond Represented By Aaron E de Leest
Plaintiff(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
3:00 PM
Docket 92
No updated tentative ruling as of 1/12/18. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling. Grant trustee's motion for turnover of the subject property for the reasons stated in the moving papers since the subject property is property of the bankruptcy estate under the trustee's supervision pursuant to 11 U.S.C. 541(a) and 704(a). Debtor's arguments lack merit. To the extent that debtor seeks stay pending appeal of the state court judgment, it is not properly raised in the opposition, and it is not properly raised in this court since the appeal is pending in the state court system. Appearances are required on 12/12/17, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
3:00 PM
Docket 23
The court has reviewed applicant's reply to the court's order seeking clarification. No tentative ruling on the merits. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
3:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 58
Grant motion to dismiss first amended motion for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6) and 9(b) because movant has not pleaded a plausible claim for "fraud on the court" to add additional judgment debtors due to lack of particularity of the allegations of fraud in the so-called "Complete Agreement" for which no particular allegations are made and are impermissibly conclusory bereft of any specific allegations of fact, and that the factual allegations of the so-called indicia of control in paragraph 24 of the first amended motion do not make out a plausible claim of fraud on the court based on control usurping the trustee's authority to supervise the state court litigation. No tentative ruling on whether leave to amend should be granted for a further amended motion.
Appearances are required on 1/16/18.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay
3:30 PM
Timothy J Yoo
3:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 59
See tentative ruling for matter number 26.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
3:30 PM
Docket 29
Updated tentative ruling as of 1/12/18. The court has concerns about the sufficiency of the record in order for the court to grant the motion to approve compromise under the applicable fair and equitable standard set forth in In re A & C Properties, 784 F.2d 1377 (9th Cir. 1986). Debtor objects to the compromise on grounds that it is not reasonable because it undervalues the estate's interests in community property of her and her former spouse and that : (1) the former spouse must agree to pay his one-half share of community credit card debt of $17,195.75, or $8,597.88; (2) the estate is entitled to half of the appreciation on the family residence of $568,000, or
$284,000; (3) the estate is entitled to one-half of the Phelan property of
$250,000, or $300,000; and (4) the estate is entitled to one-half of the former spouse's client trust account of $50,000, or $25,000.
As to debtor's first objection as to allocation of community credit card debt, the former spouse's liability for the credit card debt is really a matter for the family law court rather than this court since he is not the debtor in this bankruptcy case, and the court does not have jurisdiction to impose such liability on him. As to considerations of fairness of the compromise regarding the credit card debt, that is really for the family law court to decide.
As to the dispute regarding the computation of the debtor's community property interest in the family residence, there is insufficient information and explanation of the computation offered by the former spouse and relied upon by trustee. The explanation in the former spouse's trial brief filed in the family law court is conclusory and not substantiated by evidence or citation to case authority, so it is difficult for the court to analyze the merits of the justification offered by the trustee to compromise the value of the estate's interest in this property (i.e., what is the valuation of the property now - it is unclear if the parties agree on valuation since the former spouse looks to the value of the property and debtor looks to the value of appreciation, but there is no
3:30 PM
appraisal or valuation opinion by an appraiser or real estate professional for the current value of the property, how do we know how to allocate the appreciation of the property between separate property and community property after the transfer to the living trust).
As to the dispute over the Phelan property, debtor claims that the property is worth $300,000, but it is unclear that this is the value of the entire property as opposed to the 1/6 interest of her and her former spouse. The former spouse contends that the estate has no value in this asset because he owned the property before marriage and there was no transmutation in the transfer to the living trust. There is no appraisal or valuation opinion by an appraiser or real estate professional for the current value of the property, and there is no copy of the living trust instrument to see how the property was characterized when it was transferred to the trust.
As to the former spouse's client trust accounts, it may be that debtor means the retirement accounts, which he proposes to be allocated between the "time rule." However, if debtor really meant the client trust accounts, there is no explanation that the estate or the former spouse has any interest in funds presumably on deposit for the benefit of his clients in the client trust account.
As to the proposed 100% payoff of creditor claims if the settlement is approved as demonstrating the paramount interest of creditors under A & C Properties, but in a surplus situation like this, it would seem to the court that the fairness and equity of the settlement under FRBP 9019 should also take in consideration the impact on the debtor's interest. Trustee should be prepared to address this concern with appropriate case authority.
Debtor provided a judge's copy of the opposition which does not separately tabbed the exhibits as required by LBR 5005-2(d), and while the court has read the opposition, the court will not consider the exhibits until debtor provides a compliant copy of the opposition with separately tabbed exhibits. Appearances are required on 1/16/18.
Debtor(s):
Kirstin A Tidwell Represented By
3:30 PM
Trustee(s):
Michele A Dobson
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
11:00 AM
Docket 1
Updated tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
11:00 AM
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
Docket 140
Updated tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses
11:00 AM
with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear
11:00 AM
by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
Docket 656
Updated tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed trustee's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
Hamid R Rafatjoo Joyce H Vega
11:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino Ballard Spahr LLP
11:00 AM
Docket 1
Updated tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
Docket 34
Approve stipulation of trustee, debtor and his entity, Spuyten, for the reasons stated in the moving and reply papers, but with the provision that it is without prejudice to the right of creditor BL2 Inc. to make the appropriate motion to determine that a certain Mary Corse painting is not property of the estate.
The creditor seeking some sort of affirmative relief should bring its own motion for such relief rather than just raising it in an objection to the stipulation. The stipulation only determines rights as between trustee, debtor and his entity, Spuyten, and does not provide for any sale of assets of the estate and does not affect the rights of third parties, such as creditor.
Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
11:30 AM
Docket 36
Revised tentative ruling as of 1/16/18. The court is considering granting motion of United States Trustee to dismiss, convert or appoint trustee for the reasons stated in the moving papers for lack of compliance with United States Trustee information reporting requirements under 11 U.S.C. 1112(b)(4)(H) since cause may be shown by the moving papers and is not apparently disputed by debtor. However, before the court concludes that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court could allow debtor an opportunity to cure the United States Trustee information reporting deficiencies and allow the case to proceed.
If the court determines that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court must consider and decide whether conversion, dismissal or trustee appointment is in the best interests of creditors and the estate under 11
U.S.C. 1112(b)(1). In re Sullivan, 522 B.R. 604, 612 (9th Cir. BAP 2014). However, there are conflicting positions among creditors regarding whether the case should be dismissed, converted to Chapter 7, or a trustee appointed in the best interests of creditors and the estate and the United States Trustee has no recommendation as between dismissal or conversion. One creditor, the judgment creditor Second Generation, Inc., contends that trustee appointment or conversion is in the best interests of creditors and the estate because the creditors supporting dismissal are sham creditors and debtor's schedules and monthly operating reports reflect an unexplained dissipation of about $240,000 in bank deposits shortly after petition date. The creditors supporting dismissal assert that they are owed large amounts and that conversion or trustee appointment will not allow the debtor to continue to operate to generate business revenue to pay them back. In making its determination of what is in the best interests of creditors and the estate, it is not simply a matter of the majority vote of creditors or which is largest and
11:30 AM
most vocal creditor, but what is in the best interests of all creditors. In re Sullivan, 522 B.R. at 612-613. The court believes that in fairness to the parties that it should conduct an evidentiary hearing if cause is found to determine whether it should dismiss or convert the case or appoint a trustee and hear testimony and receive evidence from debtor and creditors and interested parties, such as the United States Trustee, to resolve the contentions of the disputing parties on dismissal, conversion or trustee appointment (i.e., whether the allegedly suspect creditors which support dismissal have bona fide claims, whether debtor has an explanation for the alleged postpetition dissipation of its bank deposits). Appearances are required on 1/17/18, but counsel may appear by telephone. The court will set a schedule for the evidentiary hearing after considering the views and pretrial needs of the parties, including discovery.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
11:30 AM
Docket 1
No tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
1:30 PM
fr. 5/30/17, 7/25/17, 8/29/17
Docket 132
Updated tentative ruling as of 1/12/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 1/18/18.
No updated tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 and set a pretrial schedule, including discovery proceedings. Sustain trustee's objections to Ahumibe Declaration for lack of foundation. Movants will have to prove their entitlement to the funds in the escrow account in this contested matter because there is insufficient evidence that the funds belong to them as exempt sale proceeds relating to a sale of a prepetition asset of theirs which may be otherwise part of the bankruptcy estate of their personal bankruptcy case, and the trustee of movants' personal bankruptcy case may have to be joined as a party to this contested matter. Appearances are required on 5/30/17, but counsel may appear by telephone.
Debtor(s):
CalCounties Title Nation Company Represented By
Allan Calomino
Trustee(s):
Alfred H Siegel (TR) Represented By
1:30 PM
Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith
1:30 PM
fr. 8/30/17
Docket 30
Updated tentative ruling as of 1/12/18. Off calendar. The hearing is vacated pursuant to stipulation and order for settlement of the motion of the United States Trustee for attorney fee disgorgement. No appearances are required on 1/19/18.
Prior tentative ruling. Treat as a contested matter under Fed. R. Bankr. P. 9014 since there are material factual issues regarding the parties' contentions, such as whether the former attorney's representation was part of a unified scheme to defeat the landlord's unlawful detainer action in state court and whether some fees collected by the former attorney are attributable to his representation of debtor in the prebankruptcy unlawful detainer action. It appears that former attorney's strategy to file the Chapter 11 bankruptcy case to hinder or delay the landlord was not devised until debtor lost the unlawful detainer case on 2/9/17, though it does not help that the former attorney did not submit a copy of the attorney fee agreement covering the state court litigation services that he is claiming are not part of the bankruptcy representation and that the retainer agreement for the bankruptcy representation was dated 3/13/17. The record is unclear whether there was an unified scheme to defeat any unlawful detainer judgment to file a bankruptcy case because the former attorney contemplating losing the unlawful detainer case in advance of the unlawful detainer trial, which may not be the case, and if not, most of the fees were collected before the unlawful detainer trial, where the outcome was then unknown, suggesting that the fees were incurred to litigate that matter and not any prospective bankruptcy case. It appears that the fees attributable to the bankruptcy representation should be disgorged as argued by the United States Trustee because the former attorney did not enter into any written agreement for such services until 3/13/17, a month after he filed the bankruptcy petition for
1:30 PM
debtor, that he did not promptly seek, and did not obtain, authorization of employment as general bankruptcy counsel for debtor, and that the bankruptcy case was filed in bad faith simply to hinder or delay enforcement of the landlord's unlawful detainer judgment for eviction. However, the court will need to make factual findings after an evidentiary hearing as to whether this should be its ruling and as to an allocation between the former attorney's representation in the unlawful detainer action and representation in the bankruptcy case. Appearances are required on 8/30/17 to discuss scheduling of pretrial and trial proceedings.
Debtor(s):
Prestige Auto Body Center, Inc. Represented By
David R Haberbush
9:00 AM
Adv#: 2:16-01446 Perske v. Larsen
fr. 10/26/17, 11/9/17
Docket 115
Updated tentative ruling as of 1/18/18. The matter is trailed to when the trial resumes at 10:00 a.m., not 9:00 a.m. Appearances are required at 10:00 a.m.
Prior tentative ruling as of 10/31/17. Appearances are required on 11/9/17. No tentative ruling as of 10/23/17. Appearances are required on 10/26/17.
Debtor(s):
Jens Larsen Represented By
Matthew D Resnik
Defendant(s):
Jens F Larsen Represented By
Joseph W Kellener
Plaintiff(s):
Jacquelynn Perske Represented By Damion Robinson
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
9:00 AM
Diane C Weil
9:00 AM
Adv#: 2:16-01446 Perske v. Larsen
Docket 1
Updated tentative ruling as of 1/18/18. The trial will resume at 10:00 a.m., not 9:00 a.m. Appearances are required at 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
Prior tentative ruling as of 1/9/17. The court has reviewed plaintiff's unilateral status report. No updated tentative ruling on the merits. Appearances are required on 1/10/17.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 12/6/16.
Debtor(s):
Jens Larsen Represented By
Steven L. Kimmel
Defendant(s):
Jens F Larsen Pro Se
Plaintiff(s):
Jacquelynn Perske Represented By Darrel C Menthe
9:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:00 AM
Adv#: 2:16-01446 Perske v. Larsen
fr. 10/26/17, 11/9/17
Docket 115
Updated tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
No tentative ruling as of 10/23/17. Appearances are required on 10/26/17.
Debtor(s):
Jens Larsen Represented By
Matthew D Resnik
Defendant(s):
Jens F Larsen Represented By
Joseph W Kellener
Plaintiff(s):
Jacquelynn Perske Represented By Damion Robinson
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Diane C Weil
10:00 AM
Adv#: 2:16-01446 Perske v. Larsen
Docket 1
Updated tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
Prior tentative ruling as of 1/9/17. The court has reviewed plaintiff's unilateral status report. No updated tentative ruling on the merits. Appearances are required on 1/10/17.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 12/6/16.
Debtor(s):
Jens Larsen Represented By
Steven L. Kimmel
Defendant(s):
Jens F Larsen Pro Se
Plaintiff(s):
Jacquelynn Perske Represented By Darrel C Menthe
10:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:30 AM
Docket 146
No tentative ruling as of 1/23/18. Appearances are required on 1/23/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Movant(s):
PennyMac Loan Services, LLC Represented By Megan E Lees
1:30 PM
Adv#: 2:15-01563 Rund, Chapter 7 Trustee v. Lee, an individual et al
fr. 8/15/17, 10/17/17, 11/28/17
Docket 1
Updated tentative ruling as of 1/22/18. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding in light of substitution of counsel for defendants. Appearances are required on 1/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and Microland and the scheduling of defendants' motion for summary judgment. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Microland adversary proceeding, bbut counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/10/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on
1:30 PM
12/6/16 to discuss scheduling of further proceedings, including filing of supplemental pleadings, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. The court has reviewed the joint status report, noting the hearings on the pending motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m., and continues the status conference to the date and time of the hearings on the motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m. No appearances are required on 7/19/16
Prior tentative ruling as of 4/11/16. No tentative ruling on the merits. Appearances are required on 4/12/16.
Prior tentative ruling as of 4/4/16 at 5:30 p.m. Off calendar. Continued on the court's own motion to 4/12/16 at 2:30 p.m. since the hearing on the motion to dismiss is continued to that date and time. No appearances are required on 4/5/16.
Prior tentative ruling as of 3/7/16. ff calendar. Continued by separate order on the court's own motion for further briefing to 4/5/16 at 3:00 p.m. No appearances are required on 3/8/16.
Prior tentative ruling. In light of defendants' pending motion to dismiss or for more definite statement noticed for hearing on 3/8/16 at 3:00 p.m., the court continues the status conference to that date and time on its own motion since the determination of that motion may affect the status of the adversary proceeding. No appearances are required on 2/9/16.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
1:30 PM
Defendant(s):
Albert Lee, an individual Pro Se Business Legal Partners Attorneys Pro Se DOES 1 through 10 Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
Docket 1
Off calendar. Continued ;by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/23/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
#4.00 Order to show cause re: Debtor's failure to file a Certificate of Credit Counseling
Docket 1
No tentative ruling as of 1/22/18. Appearances are required on 1/23/18.
Debtor(s):
Cordell Cooper Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
and 218
Docket 238
Off calendar. The court determined that oral argument on the motion is not necessary, dispensed with oral argument, vacated the hearing on the motion and issued a written decision on the motion. No appearances are required on 1/23/18.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Application for fees and expenses [Rosendo Gonzalez, Chapter 7 Trustee]
Docket 79
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/23/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Peter Walther Barthelmess Represented By Nicholas W Gebelt
Joint Debtor(s):
Kim Elizabeth Barthelmess Represented By Nicholas W Gebelt
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:30 PM
Application for fees and expenses [Rosendo Gonzalez, Chapter 7 Trustee]
Docket 69
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/23/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
GPLA, Inc. Represented By
Clifford Bordeaux
Trustee(s):
Rosendo Gonzalez (TR) Represented By Helen R Frazer
2:30 PM
Docket 65
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/23/18, but trustee and counsel may appear by telephone.
Trustee or counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
GPLA, Inc. Represented By
Clifford Bordeaux
Trustee(s):
Rosendo Gonzalez (TR) Represented By Helen R Frazer
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 66
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/23/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
GPLA, Inc. Represented By
Clifford Bordeaux
Trustee(s):
Rosendo Gonzalez (TR) Represented By Helen R Frazer
2:30 PM
#10.00 Hearing re: Trustee's Final Report and Applications for Compensation on behalf of Trustee Wesley H. Avery
Docket 94
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/23/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Anthony Joseph Hosking Represented By David J Workman
Joint Debtor(s):
Robyn Kelly Hosking Represented By David J Workman
Trustee(s):
Wesley H Avery (TR) Represented By
M Jonathan Hayes
2:30 PM
Docket 101
Treat as a contested matter under FRBP 9014 and set for an evidentiary hearing. The court will set a short evidentiary hearing to allow the parties to submit and establish a factual record for the court's ruling and for possible appellate review. It appears that debtor as the party claiming the exemption under California law has the burden of proving entitlement to the exemption. In re Diaz, 547 B.R. 329, 337 (9th Cir. BAP 2016), citing inter alia, Raleigh v. Illinois Department of Revenue, 530 U.S. 15, 20-21 (2000); but see, In re
Carter, 182 F.3d 1027, 1029 n. 3 (9th Cir. 1999); FRBP 4003(c). The court understands that the trustee relies upon BAP authority in In re Glass, 164
B.R. 759, 761 (9th Cir. BAP 1994) to argue that the exemption should be denied because debtor's transfer to his spouse was voluntary and recovered by the trustee or concealed, but this court considers BAP opinions to be persuasive only and not controlling. In re Arnold, 471 B.R. 578, 588-590 (Bankr. C.D. Cal. 2012). The court believes that there should be a clear factual record for its ruling and possible appellate review and will set the matter for evidentiary hearing, at which time the parties should submit their exhibits and call witnesses for testimony (i.e., the record is unclear as to the various transmutations of the subject property). Appearances are required on 2/23/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
2:30 PM
Docket 22
Grant motion to extend time to file complaints to determine debt dischargeability and/or to deny discharge for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 1/23/18, but counsel may appear by telephone. Movant to submit a proposed order within 7 days of hearing.
Debtor(s):
Danielle Nicole Alonso Represented By Scott Kosner
Trustee(s):
Sam S Leslie (TR) Pro Se
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/28/17
Docket 225
Updated tentative ruling as of 1/22/18. Continued by stipulation and order to 3/6/18 at 3:00 p.m. No appearances are required on 1/23/18.
Prior tentative ruling as of 11/27/17. Appearances are required on 11/28/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
3:00 PM
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/7/17, 11/28/17
Docket 185
Updated tentative ruling as of 1/22/18. Continued by stipulation and order to 3/6/18 at 3:00 p.m. No appearances are required on 1/23/18.
Prior tentative ruling. Deny plaintiff’s motion for partial summary judgment because there are genuine issues of material fact for trial raised by evidence before the court on the motion, i.e., defendants raise material issues of fact regarding the effect of the stipulation and term sheet between debtor, the committee, defendants Ace Museum and Douglas Chrismas, approved by order of the court in one of the consolidated adversary proceedings, for which there are reasonable, but conflicting, inferences on how to construe these documents as to whether the museum's loan by debtor was satisfied pursuant to the stipulation, term sheet and performance thereon. The court determines that it is not appropriate for it to resolve these conflicting inferences by granting plaintiff declaratory relief to vacate the stipulation and order thereon based on its reply or by the court sua sponte. Although the court could conceivably grant such relief for relief from judgment or order, the court strongly believes that such relief should be considered through the adversary process where all interested parties may respond and be heard, and to this end, if plaintiff seeks such relief, it may make an appropriate motion with notice and opportunity to be heard by the affected parties. The court need
3:00 PM
not reach the merits of defendants’ objections to the Declaration of Timothy Kincaid, though there appears to be serious foundational problems with some of the assertions in the declaration, which may or may not be remedied by amendment and supplementation. Appearances are required on 11/7/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli
Jennifer Kellen Represented By
Jerome Bennett Friedman
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Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/14/17, 11/28/17
Docket 218
Updated tentative ruling as of 1/22/18. Continued by stipulation and order to 3/6/18 at 3:00 p.m. No appearances are required on 1/23/18.
Prior tentative ruling as of 11/27/17. Appearances are required on 11/28/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By
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Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Civ. P. 65 and Fed. R. Bankr. P. 7065 against defendant 400 S. La Brea, LLC fr. 11/14/17, 11/28/17
Docket 215
Updated tentative ruling as of 1/22/18. Continued by stipulation and order to 3/6/18 at 3:00 p.m. No appearances are required on 1/23/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17 to discuss scheduling of the evidentiary hearing on the motion, but counsel may appear by telephone.
Prior tentative ruling. The court intends to set an evidentiary hearing on plaintiff’s motion for preliminary injunction and will treat the hearing as a status conference to discuss scheduling. As the party seeking preliminary injunctive relief, plaintiff has the burden of persuasion for such relief, and "[b]ecause a preliminary injunction is an extraordinary remedy, courts require the movant to carry its burden of persuasion by a " ‘clear showing.’" 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶¶ 13:159 and 13:159.1 at 13-87 (Ninth Circuit and California edition 2017), citing, West Point-Pepperill, Inc. v. Donovan, 689 F.2d 950, 956 (11th Cir. 1982); Mazurek v. Armstrong, 520 U.S. 968, 972
(1997); and Towery v. Brewer, 672 F.3d 650, 657 (9th Cir. 2012). The court is of the opinion that it should conduct an evidentiary hearing and take live testimony in this case because "[i]t may be an abuse of discretion to refuse live testimony where facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should issue." 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163 at 13-87 – 13-88, citing, McDonald’s
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Corp. v. Robertson, 147 F.3d 1301, 1312 (11th Cir. 1998); Charette v. Town of Oyster Bay, 159 F.3d 749, 755 (2nd Cir. 1998); Cobell v. Norton, 391 F.3d 251, 261 (D.C. Cir. 2004)("circumstances and interests at stake" determine whether abbreviated or more extensive evidentiary hearing required). The amounts at issue (approximately $4.9 million in unauthorized payments of debtor’s funds claimed by plaintiff to have been made to defendant 400 S. LaBrea, LLC), the severity of the restrictions on alienation of the subject property and use of revenue derived therefrom proposed in plaintiff’s motion and the factual allegations of the parties are bitterly contested all indicate "circumstances and interests at stake" that the court should conduct an evidentiary hearing on the motion. Id.; see also, 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163.1 at 13-88, citing inter alia, Aguirre
v. Chula Vista Sanitary Service & Sani-Tainer, Inc., 542 F.2d 779, 781 (9th Cir. 1976).
The factual and legal issues contested on the motion center on the applicability of the Ninth Circuit’s recent decision and opinions in Matter of Walldesign, Inc., 872 F.3d 954, 963 (9th Cir. 2017) regarding the reiteration of the adoption of the so-called "dominion" test to determine whether a transferee is an "initial" or "intermediate or mediate" transferee under 11
U.S.C. § 550(a)(1) or (2). As the majority stated in Walldesign, "[u]nder the dominion test, "a transferee is one who ... has dominion over the money or other asset,"—in other words, one with "the right to put the money to one's own purposes." 872 F.3d at 963, citing, In re Mortgage Store, Inc., 773 F.3d 990, 995 (9th Cir. 2014), quoting, In re Incomnet, Inc., 463 F.3d 1064, 1070 (9th Cir. 2006). The Walldesign majority further stated: "The ‘key[s]’ to this test are "‘whether the recipient of funds has legal title to them’ and whether the recipient has ‘the ability to use [the funds] as he sees fit.’" Id., quoting, In re Incomnet, Inc., 463 F.3d at 1071. The majority further stated: "We further explained that, "an individual will have dominion over a transfer if, for example, he is ‘free to invest the whole [amount] in lottery tickets or uranium stocks’" and "The first party to establish dominion over the funds after they leave the transferor is the initial transferee; other transferees are subsequent transferees." Id.,
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quoting, In re Bonded Financial Services, Inc. v. European American Bank, 838 F.2d 890, 894 (7th Cir. 1988) (citations omitted). The parties dispute whether the evidence offered by plaintiff "clearly shows" that defendant 400 S. LaBrea, LLC is the initial transferee of the funds of debtor paid on behalf of defendant Ace Museum as rent (i.e., whether the funds transferred by debtor to Ace Museum through loans or otherwise gave Ace Museum dominion over the funds, and whether such loan is now cancelled through a settlement, either of these circumstances would show that Ace Museum was the initial transferee and 400 S. LaBrea, LLC as the mediate or intermediate transferee, and whether as a mediate or intermediate transferee, 400 S. LaBrea, LLC, received the transfers in good faith and for value).
Moreover, the parties dispute whether the evidence "clearly shows" whether "it is fair to view [400 LaBrea, LLC] as the initial transferee[ ] since [it] ‘receive[d] funds directly from [the] debtor, and thus, [its] ‘capacity [and burden] to monitor . . . [were] at [their] greatest." In re Walldesign, Inc., 872 F.3d at 968, quoting, In re Video Depot, Ltd., 127 F.3d 1195, 1199 (9th Cir. 1997). This passage from the majority opinion in Walldesign suggests that whether a transferee had "indications" of irregularities in the subject transfers is relevant to the inquiry of whether a transferee is "initial" or "intermediate." The parties dispute whether defendant 400 S. LaBrea, LLC knew or had reason to know that the transfers were improper transfers from the debtor, thus indicating that an evidentiary hearing is needed to determine whether plaintiff has met his burden of persuasion clearly showing entitlement to relief.
An evidentiary hearing is also needed to determine the degree of irreparable harm to plaintiff and the prejudice to other parties, including 400 S. LaBrea, LLC, in that there are wide disparities in the positions of the parties as to the degree of harm which would be suffered if relief were or were not granted, and how the party adversely affected by the granting or denial of relief would be protected, such as a bond if relief were granted to protect 400 S. LaBrea, LLC, which asserts the need for a $4.8 million bond from plaintiff to protect it from potential damages from the relief sought.
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Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
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Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 11/7/17, 11/14/17, 1/30/18
Docket 1
Updated tentative ruling as of 1/22/18. Continued by stipulation and order to 3/6/18 at 3:00 p.m. No appearances are required on 1/23/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
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Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
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Docket 479
Updated tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
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Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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fr. 10/25/17, 12/13/17, 12/20/17
Docket 482
Updated tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from
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witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
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Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation
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and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement
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and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
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No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
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Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on
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8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No
11:00 AM
tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 94
Updated tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the
11:00 AM
plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 69
Updated tentative ruling as of 1/22/18. This matter appears to be superseded by matter number 8, the motion for approval of the third stipulation for use of cash collateral, and should not be on calendar. Appearances are optional on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. Appearances are required on 10/25/17 since the parties have not filed a stipulation to extend authorization of use of cash collateral beyond 10/25/17, but counsel may appear by telephone.
Prior tentative ruling. Grant motion for approval of second stipulation for use of cash collateral for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/23/17, but counsel may appear by telephone. Movant to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 149
Grant motion to approve third stipulation for use of cash collateral for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 1/24/18, but counsel may appear by telephone. Movant to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 37
Updated tentative ruling as of 1/23/18. No tentative ruling. Debtor lodged proposed orders on the cash collateral stipulations with Prime Business Credit, Inc., and Pacific City Bank, providing for subordination of Pacific City Bank's superpriority claim to Prime's, but there is no indication of consent to the proposed order by Pacific City Bank since there is no sign off on the lodged orders by, or proof of service of the lodged orders on, Pacific City Bank, so the court cannot confirm that the lodged orders are consented to by Pacific City Bank. Appearances are required on 1/24/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/22/18. Appearances are required on 1/24/18 to discuss status of discussions between debtor and secured lenders regarding language of proposed orders regarding priority of superpriority claims, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required on 1/10/18, but counsel may appear by telephone.
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
fr. 12/13/17, 1/10/18
Docket 40
Updated tentative ruling as of 1/23/18. No tentative ruling. Debtor lodged proposed orders on the cash collateral stipulations with Prime Business Credit, Inc., and Pacific City Bank, providing for subordination of Pacific City Bank's superpriority claim to Prime's, but there is no indication of consent to the proposed order by Pacific City Bank since there is no sign off on the lodged orders by, or proof of service of the lodged orders on, Pacific City Bank, so the court cannot confirm that the lodged orders are consented to by Pacific City Bank. Appearances are required on 1/24/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/22/18. Appearances are required on 1/24/18 to discuss status of discussions between debtor and secured lenders regarding language of proposed orders regarding priority of superpriority claims, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required on 1/10/18, but counsel may appear by telephone.
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
Movant(s):
JC Fits, Inc. Represented By
Joon M Khang
2:00 PM
Docket 118
Off calendar. Continued by stipulation and order to 2/7/18 at 2:00 p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
9:30 AM
Docket 23
- NONE LISTED -
Debtor(s):
Fernando C Munchmeyer Represented By Kenneth W Moffatt
Joint Debtor(s):
Veronica Munchmeyer Represented By Kenneth W Moffatt
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 17
- NONE LISTED -
Debtor(s):
ALEXANDER GARCIA Jr. Pro Se
Joint Debtor(s):
DONNA MARIE GARCIA Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 20
- NONE LISTED -
Debtor(s):
Juanita L Bailey Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Andrea M Cervantes Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 16
- NONE LISTED -
Debtor(s):
PABLO MARTINEZ Represented By Michael Poole
Joint Debtor(s):
JACQUELINE MARTINEZ Represented By Michael Poole
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Bryan Kevin Oliver Represented By Lauren M Foley
Joint Debtor(s):
Dalila Emily Oliver Represented By Lauren M Foley
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Rodrigo Nava Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Leesa L. McLachlan Represented By Joseph L Pittera
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Sei Yol Lee Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Dorothy Ellen Lieberman Represented By Raymond J Bulaon
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Anthony R. Bivona Jr. Represented By Steven B Lever
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Anthony R. Bivona Jr. Represented By Steven B Lever
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 23
- NONE LISTED -
Debtor(s):
Israel D Martinez Represented By Jerry Rulsky
Joint Debtor(s):
Blanca Polanco Represented By Jerry Rulsky
Trustee(s):
Richard K Diamond (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Nieves P Bongolan Represented By Michael T McGee
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Nieves P Bongolan Represented By Michael T McGee
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Sandra V. Pineda Represented By
R Grace Rodriguez
Trustee(s):
Richard K Diamond (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Mario Vasquez Represented By David S Hagen
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Joaquin G LinanGomez Represented By Lauren M Foley
Joint Debtor(s):
Juana E Juarez Venegas Represented By Lauren M Foley
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Marta Castaneda Huerta Represented By Lauren M Foley
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Martha L Cortez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Lloyd Frederick Brion Damicog Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 19
- NONE LISTED -
Debtor(s):
Jose Garcia Lopez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Jose Juan Cervantes Represented By Omar Zambrano
Trustee(s):
Richard K Diamond (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Michael Anthony Brouckaert Represented By Omar Zambrano
Joint Debtor(s):
Sara Margarita De Santiago Represented By Omar Zambrano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Heraclio Lopez Conde Represented By Lauren M Foley
Joint Debtor(s):
Blanca Yolanda Lopez Represented By Lauren M Foley
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 21
- NONE LISTED -
Debtor(s):
Heraclio Lopez Conde Represented By Lauren M Foley
Joint Debtor(s):
Blanca Yolanda Lopez Represented By Lauren M Foley
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Irene Ramirez Leyva Represented By Lauren M Foley
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Rose Michelle Romero Represented By
Sevag Nigoghosian
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Angelina Samoranos Naagas De Represented By
Michael E Clark
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Wilbert Richardson Represented By David S Hagen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
OSIEL FRANCO FLORES Represented By
Lisa F Collins-Williams
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Lidia D Chicas Montoya Represented By Sydell B Connor
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Gisela Isabel Verano Represented By Peter M Lively
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Daniel Felix Represented By
Nicholas W Gebelt
Joint Debtor(s):
Hilda Felix Represented By
Nicholas W Gebelt
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Morgan Barrera Represented By Lauren M Foley
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Dikeba D Gross Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Dikeba D Gross Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Ricardo Alvarez Represented By Raymond Perez
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Crescencio Carreto Moreno Represented By Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Carol E Provo Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Carol E Provo Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
BRYAN RIOS Represented By
Lisa F Collins-Williams
Joint Debtor(s):
CHRISTINA M RIOS Represented By
Lisa F Collins-Williams
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 17
- NONE LISTED -
Debtor(s):
BRYAN RIOS Represented By
Lisa F Collins-Williams
Joint Debtor(s):
CHRISTINA M RIOS Represented By
Lisa F Collins-Williams
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Cynthia A Bornia Represented By David S Hagen
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Derek Kahle Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Rebecca J Kelley Represented By David R Hagen
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Eric Lewis Represented By
Emilia N McAfee
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Rosa Maria Villatoro Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Dolores R Trevino Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Christie Marie Roberts Represented By Allan D Sarver
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Trevor Knute Rodgers Represented By Sanaz S Bereliani
Joint Debtor(s):
Barbara Karen Rodgers Represented By Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Dolores Villicana Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Brenda V Tortajada Represented By Regina Zeltser
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Teronda Lavette Bradley Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Steve Castro Represented By
Lisa F Collins-Williams
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 20
- NONE LISTED -
Debtor(s):
Kimberly G Galindo Represented By Gregory Grigoryants
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Mark James McCurry Represented By David A Tilem
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Mark James McCurry Represented By David A Tilem
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Fernando Esqueda Represented By
Sevag Nigoghosian
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Cynthia Jean Hampton-Freeman Represented By
Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
fr. 8/23/17, 9/27/17, 12/7/17
Docket 42
Updated tentative ruling as of 1/17/18. Off calendar. Matter resolved by stipulation and order. No appearances are necessary.
Revised tentative ruling as of 12/6/17. Off calendar. Continued by stipulation and order to 1/25/18 at 10:30 a.m. No appearances are required on 12/7/17.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/27/17 to reschedule date for evidentiary hearing, but counsel may appear by telephone.
Prior tentative ruling as of 8/23/17. Off calendar. Continued by stipulation and order to 9/27/17 at 11:00 a.m. No appearances are required on 8/23/17.
Revised tentative ruling as of 7/25/17. Off calendar. Continued by stipulation and order to 8/23/17 at 11:00 a.m. No appearances are required on 7/26/17.
Revised and updated tentative ruling as of 6/13/17. Off calendar. Continued by stipulation and order to 7/26/17 at 11:00 a.m. No appearances are required on 6/14/17.
Revised and updated tentative ruling as of 5/16/17. Off calendar. Continued by stipulation and order to 6/14/17 at 11:00 a.m. No appearances are required on 5/17/17.
Revised and updated tentative ruling as of 4/17/17 at 5:00 p.m. Off calendar.
10:30 AM
Continued by stipulation and order to 5/17/17 at 11:00 a.m. No appearances are required on 4/19/17.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17 to reschedule date for evidentiary hearing, but counsel may appear by telephone.
Prior revised tentative ruling as of 1/18/17. Off calendar. The court has been informally advised by counsel for trustee that the parties are not ready for the scheduled evidentiary hearing and that counsel for movant was unavailable to appear on 1/18/17. The court will continue the hearing at the parties' request to 2/28/17 at 11:00 a.m. for a status conference to reschedule a trial date as the court does not have available trial dates during the weeks requested by counsel for trustee. No tentative ruling on the merits. Counsel for trustee is ordered to file and serve a written notice of continuance on counsel for movant. No appearances are required on 1/18/17.
Prior tentative ruling as of 12/14/16. Off calendar. Continued by stipulation and order to 1/18/17 at 2:00 p.m. (note: change in date and time from requested due to scheduling conflict with trial set in another case). No appearances are required on 12/15/16.
Prior tentative ruling as of 12/8/16. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 12/15/16.
Updated tentative ruling as of 10/25/16. Off calendar. Continued by stipulation and order to 12/15/16 at 9:00 a.m. No appearances are required on 10/27/16.
Prior tentative ruling as of 7/6/16. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 7/8/16.
Revised tentative ruling as of 5/23/16 at 5:30 p.m. Off calendar. Continued by stipulation and order to 7/8/16 at 9:00 a.m. (note: change in date from what was requested in the stipulation). No appearances are required on 5/26/16.
10:30 AM
Prior tentative ruling as of 4/25/16. Off calendar. Continued by stipulation and order to 5/26/16 at 9:00 a.m. No appearances are required on 4/29/16.
Prior tentative ruling as of 1/26/16. Off calendar. Continued by stipulation and order to 4/29/16 at 9:00 a.m. No appearances are required on 1/29/16.
Prior tentative ruling as of 1/21/16. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 1/29/16.
No tentative ruling as of 11/16/15. Appearances are required on 11/17/15, but counsel may appear by telephone.
Debtor(s):
Phoenix Home Restorations LLC Pro Se
Movant(s):
Center Street Lending Fund V, LLC Represented By
Michelle R Ghidotti
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
1:30 PM
Adv#: 2:16-01446 Perske v. Larsen
fr. 10/26/17, 11/9/17, 1/22/18
Docket 115
Updated tentative ruling as of 1/25/18. No tentative ruling will be issued for trial. Appearances are required on 1/26/18.
Prior tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
No tentative ruling as of 10/23/17. Appearances are required on 10/26/17.
Debtor(s):
Jens Larsen Represented By
Matthew D Resnik
Defendant(s):
Jens F Larsen Represented By
Joseph W Kellener
Plaintiff(s):
Jacquelynn Perske Represented By Damion Robinson
1:30 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Diane C Weil
1:30 PM
Adv#: 2:16-01446 Perske v. Larsen
Docket 1
Updated tentative ruling as of 1/25/18. No tentative ruling will be issued for trial. The court has been advised that defendant is not available to appear for further examination on 1/26/18, so his further examination will be rescheduled. Appearances are required on 1/26/18 to discuss procedural matters and scheduling of further trial proceedings.
Prior tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
Prior tentative ruling as of 1/9/17. The court has reviewed plaintiff's unilateral status report. No updated tentative ruling on the merits. Appearances are required on 1/10/17.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 12/6/16.
Debtor(s):
Jens Larsen Represented By
Steven L. Kimmel
Defendant(s):
Jens F Larsen Pro Se
1:30 PM
Plaintiff(s):
Jacquelynn Perske Represented By Darrel C Menthe
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:30 AM
fr. 11/28/17, 1/9/18
Docket 60
Updated tentative ruling as of 1/29/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Grant request for extraordinary relief in paragraph 3 regarding negotiations to enter into a potential forebearance agreement. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling as of 1/8/18. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling. Deny motion for stay relief under 11 U.S.C. 362(d)(1) and (2) as movant fails to provide any evidence of valuation to meet its burden of showing debtors' lack of equity in the subject property under 11
U.S.C. 362(g)(1).
Deny motion for stay relief under 11 U.S.C. 362(d)(4) as movant fails to provide any evidence to support a basis for relief either multiple bankruptcy filings or unconsented to transfers. As alleged in paragraph 6 of the motion,
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the only evidence of an "unconsented to:" transfer was the 2004 grant deed transferring the title "to" debtors, not "from" them, which does not support any claim under 11 U.S.C. 362(d)(4) since among other things, this 2004 deed predates movant's 2006 trust deed.
Deny request for stay relief from the co-debtor stay of 11 U.S.C. 1201(a) or 1301(a) since the co-debtor stay does not exist in a Chapter 7 bankruptcy case such as this one, and so there is no co-debtor stay to obtain relief from.
Deny requests for extraordinary relief under paragraphs 8 and 10 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The moving papers are so seriously deficient that it indicates a level of practice below what is expected of practitioners before this court and that either signing counsel did not sufficiently read, review and proofread these papers, or staff who prepared the papers for counsel is not sufficiently trained, or both.
Appearances are required on 11/28/17.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 18
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Welton Gralin Perkins Represented By Steven A Alpert
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
10:30 AM
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ali Nazari Represented By
Sina Maghsoudi
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(Mercedes-Benz Financial Services USA LLC VS Debtor)
Docket 10
Off calendar. Notice of voluntary dismissal filed on 1/15/18. No appearances are necessary.
Debtor(s):
Ryan Sangyeon Cho Represented By Kelly K Chang
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including retroactive annulment of stay, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief for extraordinary relief in paragraph 10 since the court is granting in rem relief under 11 U.S.C. 362(d)(4). The 14- day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Nadia Cherif Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
MARISOL LIZALDE Represented By Jorge A Meza
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 3 to confirm no stay in effect for lack of legal authority and/or evidentiary support. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christopher K Uzeta Represented By
James D. Hornbuckle
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Property: 23923 Francisco Way; Valencia, CA 91354
Docket 26
Off calendar. Having considered the moving papers and the lack of timely written opposition, the court has determined that oral argument is not necessary, dispensed with it, vacated the hearing, took the motion under submission, and issued a written order granting motion to continue automatic stay. No appearances are required on 1/30/18.
Debtor(s):
Manuel Terrazas Represented By Leslie Richards
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 10
Updated tentative ruling as of 1/29/18. Off calendar. Continued by stipulation and order to 3/27/18 at 11:00 a.m. No appearances are required on 1/30/18.
Revised tentative ruling as of 11/27/17. Off calendar. Continued by stipulation and order to 1/30/18 at 10:30 a.m. No appearances are required on 11/28/17.
Prior tentative ruling. As indicated in debtor's response of non-opposition to the motion, It appears that the subject property is not property of the estate since there was a marital dissolution judgment in 2010 between debtor and her former spouse, which allocated the property to the former spouse as his separate property in the their division of marital property. Thus, the motion should be granted under 11 U.S.C. 362(d)(1) for cause since the property does not appear to be property of the estate. Appearances are required on 5/23/17, but counsel may appear by telephone.
Debtor(s):
Leala M. Simich Represented By Jennifer Ann Aragon
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 5/30/17, 8/1/17, 9/5/17
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits.
1:30 PM
Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/16/18
Docket 351
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 5/30/17, 8/1/17, 9/5/17
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court proceedings, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court notes procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior
1:30 PM
adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:13-01443 Gill v. Nexgen Energy Holdings PCC
fr. 6/6/17, 9/26/17, 11/28/17
Docket 1
Updated tentative ruling as of 1/29/17. Off calendar. The court has reviewed plaintiff's unilateral status report and noted that the docket reflects that default has been entered against defendant Shetabi on the third amended complaint. The court on its own motion continues the status conference for about 60 days to 3/27/18 at 1:30 p.m. to allow time for plaintiff to file a renewed motion for entry of default judgment. No appearances are required on 1/30/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed trustee's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/7/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/16. The parties in their joint status report indicated that they had an interest in mediation. Perhaps the parties can
1:30 PM
consider and discuss the possibility to refer the matter first to mediation before proceeding with full-blown litigation of the remaining claims.
Appearances are required on 10/11/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/6/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. The court has reviewed the joint status report of some of the parties appearing in this matter, including the attached statement of the Burris Parties, as well as the separate status statement of Eric Herrera.
The court also notes the parties used an obsolete version of the Joint Status Report form from December 2012, and in the future, the parties should use the current version of the form adopted in December 2015. The new joint status report form solicits the parties' positions as to whether they consent to the bankruptcy court's determination of noncore claims in light of Stern v.
Marshall, 131 S.Ct. 2594 (2011), Executive Benefits Insurance Agency v. Arkison, 134 S.Ct. 2165 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S.Ct. 1932 (2015). If consent of all parties is given, the bankruptcy court will enter a final judgment, but if consent of all parties is not given, then the court will issue proposed findings of fact and conclusions of law for de novo review by the district court. Id.
Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/8/2014. Off calendar. The court has issued an order vacating the hearings and taking the matters under submission.
Revised tentative ruling as of 12/2/14. Off calendar. The court continues the status conference on its motion to 12/9/14 at 2:00 p.m. due to congestion on the court's calendar, its continuing deliberation on the various dismissal motions. and the inclement weather today. No appearances are required on 12/2/14.
1:30 PM
Prior tentative ruling as of 12/1/14. No tentative ruling. Appearances are required on 12/2/14. Counsel may appear telephonically.
Prior tentative ruling as of 11/24/14. Off calendar. The status conference is continued on the court's own motion to 12/2/14 at 3:30 p.m. in light of the continuances of the pending motions to dismiss. No appearances are required on 11/25/14.
Tentative ruling as of 11/17/14. Off calendar, continued to 11/25/14 at 3:30
p.m. by order entered 11/17/14. Appearances are not required on 11/18/14.
Updated tentative ruling as of 8/25/14. Off calendar. The court on its own motion continues the status conference to 9/23/14 at 2:30 p.m. to be conducted with the hearings on the defendants' motions to dismiss the third amended complaint. No appearances are required on 8/26/14
Prior tentative ruling as of 7/28/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 8/26/14 at 1:30 p.m. in light of the dismissal of the second amended complaint and the time for filing and serving a third amended complaint has not expired. No appearances are required on 7/29/14
Prior tentative ruling as of 6/2/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 7/29/14 at 1:30 p.m. in light of the pending motions of several defendants to dismiss to be heard on 6/17/14 and 7/8/14 and in light of plaintiff's continuing efforts to effect service of process on other defendants. No appearances are required on 6/3/14
Prior tentative ruling as of 1/13/14. Off calendar. To be heard at 3:00 p.m. calendar with plaintiff's motion to file amended complaint. Appearances are required on 3:00 p.m. calendar, not at 1:30 p.m..
No updated tentative ruling as of 11/25/13. Appearances are required on 11/26/13, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. The court has reviewed the joint status report. Appearances are required on 10/15/13 to discuss scheduling and the status of mediation since the parties do not agree. Since the parties intend to bring cross-motions for summary judgment, the court request the parties to discuss and consider trying the case on stipulated facts in lieu of cross-motions for summary judgment.
Prior tentative ruling The court has reviewed the joint status report. Appearances are required on 6/11/13 to discuss scheduling and mediation since the parties do not agree.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Defendant(s):
Nexgen Energy Holdings PCC Pro Se
Plaintiff(s):
DAVID Gill Represented By
Nathan D Meyer
Trustee(s):
David A Gill (TR) Pro Se
David A Gill (TR) Represented By David A Gill (TR)
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 9/26/17, 11/7/17, 11/14/17
Docket 1
Updated tentative ruling as of 1/29/18. Off calendar. Rescheduled to 1/23/18
at 3:00 p.m. by stipulation and order. No appearances are required on 1/30/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01383 Richards, Individually and as Trustee of the Gwend v. Bishop
fr. 8/29/17, 9/27/17, 10/11/17, 11/28/17, 12/19/17
Docket 1
Updated tentative ruling as of 1/29/18. Off calendar. Because the court takes the pending motions under submission, is continuing review of the papers, the court on its own motion has issued an order continuing the status conference to 2/27/18 at 1:30 p.m. No appearances are required on 1/30/17.
Prior tentative ruling as of 12/18/17. Off calendar. Because the court takes the pending motions under submission and vacates the hearings on the motions, the court has issued an order further continuing the status conference to 1/30/18 at 1:30 p.m. No appearances are required on 12/19/17.
Prior tentative ruling as of 10/10/17. Off calendar. Because the court takes the pending motions under submission and vacates the hearings on the motions, the court vacates the pretrial conference on 10/11/17, but sets a further status conference for 11/28/17 at 1:30 p.m.
ses with further oral argument, vacates the hearing on 10/11/17 and takes the motion under submission. A written ruling will be issued shortly. No appearances are required on 10/11/17.
Updated tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 9/25/17. Off calendar. The court determines that it needs more time to review the papers relating to the parties' motions
1:30 PM
and is issuing an order continuing the hearings and the pretrial conference for 2 weeks to 10/11/17 at 1:30 p.m. No appearances are required on 9/27/17.
Updated tentative ruling as of 8/28/17. Off calendar. At the hearing on plaintiffs' motion for summary judgment on 8/23/17, the court orally continued the pretrial conference to 9/27/17 at 1:30 p.m. to be conducted with the further hearing on the summary judgment motion. No appearances are required on 8/29/17.
Prior tentative ruling as of 6/26/17. The court has reviewed plaintiffs' unilateral pretrial stipulation and counsel declaration filed on 6/26/17. The court notes that neither party timely filed a joint pretrial stipulation by the deadline of 6/20/17 as previously ordered. Reserving a ruling on imposing sanctions for their noncompliance with the court's prior order, the court will order the parties to meet and confer to prepare a joint pretrial stipulation and will continue the pretrial conference to a date when they can first comply with the requirements of Local Bankruptcy Rule 7016-1 in submitting a joint pretrial stipulation. Appearances are required on 6/27/17.
Prior tentative ruling. This matter will be heard on the 3:30 p.m. calendar with the hearing on defendant's motion to dismiss. Appearances are required at 3:30 p.m. rather than 1:30 p.m. No tentative ruling on the merits.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Bishop Pro Se
Plaintiff(s):
Brenda Moore Richards, Represented By
A. George Glasco
Frederick F Richards III, as Trust Represented By
A. George Glasco Law Offices of A. George Glasco, Represented By
1:30 PM
Trustee(s):
A. George Glasco
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:17-01519 Wells v. Diamond
fr. 1/9/18
Docket 1
Off calendar. Plaintiff filed a notice of voluntary dismissal on 1/2/18. No appearances are necessary.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Richard K Diamond Represented By Aaron E de Leest
Plaintiff(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Off calendar. Continued by stipulation and order to 3/20/18 at 1:30 p.m. No appearances are required on 1/30/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
Docket 1
Updated tentative ruling as of 1/29/18. The court has reviewed the joint status report stating that the parties are actively negotiating settlement. No tentative ruling on the merits. Appearances are required on 1/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/24/17.
Prior tentative ruling as of 10/6/17. No tentative ruling on the merits. Appearances are required on 10/10/17.
Prior tentative ruling. The court has reviewed the joint status report and notes that the report does not state whether the parties had their LBR 7026-1 meeting of counsel. Appearances are required on 5/23/17.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym
1:30 PM
Trustee(s):
Jiyoung Kym
Richard K Diamond (TR) Pro Se
1:30 PM
Adv#: 2:17-01264 Avery v. Pinon
(3) recovery of property; (4) declaratory relief; and (5) disallowance of claim fr. 7/11/17, 8/15/17
Docket 1
Updated tentative ruling as of 1/29/18. Off calendar. The court has approved the settlement between the parties by order entered in the main bankruptcy case. The court on its own motion continues the status conference to 3/6/18 at 1:30 p.m. to allow the parties to consummate the settlement and submit a dispositive stipulation and order to resolve this adversary proceeding. No appearances are required on 1/30/18, but counsel and defendant representing herself may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
The court orders counsel for trustee to give notice of continuance of the status conference to defendant.
Prior tentative ruling as of 8/14/17. Set discovery completion date of 12/31/17 and set a further status conference for 1/30/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/15/17 and to complete mediation by 1/30/18. Appearances are required on 8/15/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Prior tentative ruling. The court has reviewed trustee's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/11/17.
1:30 PM
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Defendant(s):
Crystal Jaimez Pinon Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:17-01258 Kim v. Lee
Docket 14
Updated tentative ruling as of 1/30/18. Adversary proceeding is resolved by stipulation and order, and the court discharges the order to show cause. No appearances are required on 1/30/18.
Debtor(s):
Yong Tai Lee Represented By
D Justin Harelik
Defendant(s):
Yong Tai Lee Represented By
Andrew Edward Smyth
Joint Debtor(s):
Joo Young Lee Represented By
D Justin Harelik
Plaintiff(s):
Juhee Kim Represented By
Frank N Lee
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01258 Kim v. Lee
fr. 7/11/17, 12/5/17
Docket 1
Updated tentative ruling as of 1/30/18. Adversary proceeding is resolved by stipulation and order, and the court discharges the order to show cause. No appearances are required on 1/30/18.
Prior tentative ruling as of 1/29/18. Defendant filed a notice of settlement on 1/5/18, and the parties have submitted a stipulation for judgment and a proposed order, which was rejected by the court because the proposed order did not reflect any terms of a judgment or other disposition of the adversary proceeding. Appearances are required on 1/30/18 to discuss the proposed disposition of the adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Set pretrial conference for 1/30/18 at 2:00
p.m. and deadline for filing joint pretrial stipulation for 1/23/18 pursuant to LBR 7016-1. Appearances are required on 12/5/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 11/30/17 and set a post-discovery status conference for 12/5/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 8/31/17 and to complete mediation by 12/5/17. Appearances are required on 7/11/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
2:00 PM
Debtor(s):
Yong Tai Lee Represented By
D Justin Harelik
Defendant(s):
Yong Tai Lee Pro Se
Joint Debtor(s):
Joo Young Lee Represented By
D Justin Harelik
Plaintiff(s):
Juhee Kim Represented By
Frank N Lee
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 1164
Off calendar. The court determines that oral argument on the application is not necessary, dispenses with it, vacates the hearing on the application, takes the application under submission and is issuing a written order on the application. No appearances are required on 1/30/18.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 46
Off calendar. The court determines that oral argument on the motion is not
necessary, dispenses with it, vacates the hearing on the motion, takes the motion under submission and is issuing a written order on the motion. No appearances are required on 1/30/18.
Debtor(s):
Bryan Andrew James Represented By Morris S Getzels
Trustee(s):
Jason M Rund (TR) Represented By Brad Krasnoff
2:30 PM
Docket 47
Off calendar. Continued by stipulation and order to 3/20/18 at 2:30 p.m. No appearances are required on 1/30/18.
Debtor(s):
Gerardo Iniguez Represented By Grace White
Trustee(s):
Wesley H Avery (TR) Represented By Joseph Caceres
2:30 PM
Docket 12
Off calendar. The court has issued an order vacating the hearing on grounds that debtor has made the past due installment payments and withdrawing the order to show cause. No appearances are required on 1/30/18.
Debtor(s):
Mary Miranda Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
3:00 PM
Docket 17
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18 to discuss scheduling of further proceedings.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 11/30/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 11/30/17, and the parties may not call their witnesses to testify on 11/30/17. The court estimates that the evidentiary hearing will take one day and will schedule it for either January or February 2018. If the United States Trustee believes that there are no genuine issues of material fact and he is entitled to judgment as a matter of law, he may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/5/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Maria Edi Dominguez Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
fr. 2/15/17, 5/17/17, 8/16/17
Docket 2004
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
fr. 2/15/17, 5/17/17, 8/16/17
Docket 2112
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014. The parties should be prepared to discuss whether an evidentiary hearing is needed to resolve the disputed factual issues of whether fees for applicant's services on behalf of a creditor or equity holder were actual and necessary in making a substantial contribution to the Chapter 11 case under 11 U.S.C. 503 (b)(3) and (4), and if so, what their discovery and other pretrial needs are. In addition, or in the alternative, deny as time-barred since application was filed on August 24, 2016 after the bar date for filing administrative expense professional fee claims of May 6, 2016 pursuant to Section 3.2 of Confirmed Plan at page 23, ECF 1859, based on a plan effective date of April 6, 2016.
See Notice of Effective Date, ECF 1907, filed on April 7, 2016. Appearances are required on 9/21/16 to discuss scheduling of further proceedings.
11:00 AM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Thomas M Geher David W. Meadows David W. Meadows Jerome S Cohen Jerome S Cohen Carolyn A Dye Carolyn A Dye
11:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 2/15/17, 5/17/17, 8/16/17
Docket 2000
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows
11:00 AM
Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 51
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No tentative ruling as of 5/26/17. Appearances are required on 5/31/17.
Prior tentative ruling. Because the only votes on the plan were received after the deadline set by the court's balloting deadline of 3/22/17 in the court's order filed and entered on 2/15/17, none of the votes may be counted under the order and FRBP 3017(c) and 3018(a). Because none of the votes cast were timely in order to be counted under the court's deadline order, debtor has not shown that there is at least one impaired class of claims accepting the plan as required for confirmation under 11 U.S.C. 1129(a)(10), so the plan may not be confirmed. Thus, the court is inclined to deny confirmation, but the court would consider a request by debtor to seek relief by motion under FRBP 9006(b)(1) to enlarge the time to cast votes as to the late cast votes based on a sufficient showing of "excusable neglect". See In re Paul, 101
B.R. 228 (Bankr. S.D. Cal. 1989). Appearances are required on 5/3/17.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
fr. 5/31/17, 6/28/17, 9/27/17
Docket 57
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. The motion appears to be resolved by the settlement between movant and debtor. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 6/27/17. Appearances are required on 6/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 2/28/17. No tentative ruling on the merits. The court notes debtor's supplemental status report stating that debtor and the bank are engaged in further settlement discussions and will request a continuance of hearings to 4/28/17 at least. Appearances are required on 3/1/17, but counsel may appear by telephone.
Updated tentative ruling as of 12/12/16. No updated tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/16. Treat as a contested matter under FRBP 9014 and set a pretrial schedule and an evidentiary hearing to be coordinated with the evidentiary hearing on United States Trustee's motion to dismiss or convert. Appearances are required on 11/30/16, but counsel may appear by telephone.
Prior tentative ruling. Service of the moving papers is deficient since not all
11:00 AM
creditors have been served pursuant to FRBP 2002(a)(4) and 9013 as indicated by the proof of service and the creditors mailing matrix and the moving papers will have to be reserved and renoticed for hearing. Treat as contested matter under FRBP 9014 because it appears to the court that there are disputed factual issues that may require an evidentiary hearing. The parties should be prepared to discuss their discovery and other pretrial needs. Appearances are required on 10/11/16, but counsel may appear by telephone.
Debtor(s):
Vincent Morella Represented By Paul M Brent
Movant(s):
Business First Bank Represented By Gary D Fidler
11:00 AM
Docket 200
Grant debtor's motion to dismiss case for the reasons stated in the moving papers as supplemented and for lack of timely written opposition.
Appearances are required on 1/31/18, but counsel may appear by telephone.
Debtor(s):
Vincent Morella Represented By Paul M Brent
11:00 AM
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
Revised and updated tentative ruling as of 6/27/17. The court has reviewed debtor's status report filed on 6/26/17, stating that the parties (debtor and Business First Bank) are in the final stages of negotiation and that debtor believes that a final agreement will be executed shortly. No tentative ruling on the merits. Appearances are required on 6/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. The court has reviewed debtor's "short" status report. Appearances are required on 12/14/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 11/28/16. No tentative ruling on the merits. Appearances are required on 11/30/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits.
11:00 AM
Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. No tentative ruling on the merits. Appearances are required on 9/28/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/15/16. Appearances are required on 8/17/16, but counsel may appear by telephone.
Debtor(s):
Vincent Morella Represented By Paul M Brent
11:00 AM
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/20/17.
Prior tentative ruling as of 11/13/17. Off calendar. In light of the pending motions to dismiss or convert, the court on its own motion continues the status conference to 12/20/17 at 11:00 a.m. to be conducted with the further hearings on the motions to dismiss or convert. No appearances are required on 11/15/17.
Prior tentative ruling as of 8/28/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Represented By Matthew D Resnik
11:00 AM
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 32
Treat as a contested matter under FRBP 9014 because there are factual issues regarding valuation of the subject property and whether the rents are cash collateral or not. Debtor argues that they are not cash collateral citing the trust deed instrument, but the court is unable to determine the merits of this argument since she does not provide the court with a copy. Appearances are required on 1/31/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
(real property located at 8268 Yarrow Lane, Riverside, CA 92508)
Docket 28
Off calendar. Continued by stipulation and order to 2/21/18 at 11:00 a.m. No appearances are required on 1/31/18.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
fr. 12/13/17, 1/10/18, 1/24/18
Docket 40
Updated tentative ruling as of 1/29/18. Off calendar. Based on counsel's supplemental declaration, the court has reviewed the proposed orders on the this cash collateral use stipulation and the related stipulation, which are consented to by Pacific City Bank, and has approved them. The further hearings on 1/31/18 are not necessary, and appearances are not required.
Prior tentative ruling as of 1/23/18. No tentative ruling. Debtor lodged proposed orders on the cash collateral stipulations with Prime Business Credit, Inc., and Pacific City Bank, providing for subordination of Pacific City Bank's superpriority claim to Prime's, but there is no indication of consent to the proposed order by Pacific City Bank since there is no sign off on the lodged orders by, or proof of service of the lodged orders on, Pacific City Bank, so the court cannot confirm that the lodged orders are consented to by Pacific City Bank. Appearances are required on 1/24/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/22/18. Appearances are required on 1/24/18 to discuss status of discussions between debtor and secured lenders regarding language of proposed orders regarding priority of superpriority claims, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required
11:00 AM
on 1/10/18, but counsel may appear by telephone.
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
Movant(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 37
Updated tentative ruling as of 1/29/18. Off calendar. Based on counsel's supplemental declaration, the court has reviewed the proposed orders on the this cash collateral use stipulation and the related stipulation, which are consented to by Pacific City Bank, and has approved them. The further hearings on 1/31/18 are not necessary, and appearances are not required.
Prior tentative ruling as of 1/23/18. No tentative ruling. Debtor lodged proposed orders on the cash collateral stipulations with Prime Business Credit, Inc., and Pacific City Bank, providing for subordination of Pacific City Bank's superpriority claim to Prime's, but there is no indication of consent to the proposed order by Pacific City Bank since there is no sign off on the lodged orders by, or proof of service of the lodged orders on, Pacific City Bank, so the court cannot confirm that the lodged orders are consented to by Pacific City Bank. Appearances are required on 1/24/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/22/18. Appearances are required on 1/24/18 to discuss status of discussions between debtor and secured lenders regarding language of proposed orders regarding priority of superpriority claims, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. The court is inclined to approve the cash collateral stipulation for the reasons stated in the moving papers and for lack of timely written objection. Movant needs to clarify that which secured creditor, Prime Business Credit, Inc., or Pacific City Bank, has greater priority on its superpriority claim since the cash collateral stipulations are conflicting since each gives the one creditor a superpriority over all other claims, including the other creditor's superpriority claim. Appearances are required on 1/10/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. Service of motion to approve cash collateral stipulation is deficient because movant did not serve the 20 largest unsecured creditors pursuant to FRBP 4001(d)(1)(C) and 1007(d). Continue hearing for movant to give notice to these creditors as well. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:30 AM
fr. 10/24/17, 12/5/17
Docket 19
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Based on the response and reply papers, the court will set an evidentiary hearing on the motion. Appearances are required on 1/31/18 to discuss scheduling.
Prior tentative ruling as of 12/4/17. See tentative ruling for matter number 6. Appearances are required on 12/5/17.
Prior tentative ruling. Given the magnitude of the fines requested in the motion, the court will order United States Trustee to serve on respondent by personal delivery a copy of the moving papers with a new notice of hearing. The court will set the matter for an evidentiary hearing, and the United States Trustee will be ordered to subpoena the debtor as the complaining witness to testify. The court can issue a scheduling order to assist the United States Trustee. Appearances are required on 10/24/17.
Debtor(s):
Kathleen Cappel Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
11:30 AM
fr. 12/5/17
Docket 25
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Based on the response and reply papers, the court will set an evidentiary hearing on the motion. Appearances are required on 1/31/18 to discuss scheduling.
Prior tentative ruling. Given the reasonably diligent efforts of the United States Trustee to serve respondent by personal delivery of the moving papers and a copy of the court's order directing his appearance at his dwelling house or usual place of abode and the place where he regularly conducts a business or profession and the court's order directing respondent's appearance, the court will authorize the United States Trustee to serve respondent by mailing copies of the moving papers and the court's order directing his appearance to be amended with a new date and time by first class mail, postage prepaid, to respondent's dwelling house or usual place of abode and the place where he regularly conducts a business or profession pursuant to FRBP 7004(b)(1) and 9014. Appearances are required on 12/5/17.
Debtor(s):
Kathleen Cappel Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:16-01270 Romero v. Marti
Docket 162
Off calendar. The court has issued an order continuing the hearing on its own motion to 2/6/18 at 2:00 p.m. No appearances are required on 1/31/18.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Represented By Derek L Tabone
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller Derek L Tabone
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 8/15/17, 9/26/17, 11/14/17
Docket 1
Updated tentative ruling as of 1/29/18. Off calendar. The court has issued an order continuing the hearing on its own motion to 2/6/18 at 2:00 p.m. No appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
2:00 PM
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 117
No tentative ruling as of 1/24/18. Appearances are required on 2/1/18.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
9:00 AM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 1
Updated tentative ruling as of 1/24/18. No tentative ruling will be issued for trial. Appearances are required on 2/1/18.
Prior tentative ruling as of 7/10/17. The court has reviewed the separate pretrial stipulations that the parties submitted, and it appears that pursuant to Local Bankruptcy Rule 7016-1(f) the court should impose sanctions of $250 against counsel and self-represented party each for their failure to jointly submit a pretrial stipulation without excuse as both are culpable in their noncompliance with the rule. Appearances are required on 7/11/17.
Prior tentative ruling. This matter will be heard on the 3:30 p.m. calendar with the hearing on defendant's motion to dismiss. Appearances are required at 3:30 p.m. rather than 1:30 p.m. No tentative ruling on the merits.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
9:00 AM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 1
Updated tentative ruling as of 1/24/18. No tentative ruling will be issued for trial. Appearances are required on 2/2/18 if trial is not completed on 2/1/18.
Prior tentative ruling as of 7/10/17. The court has reviewed the separate pretrial stipulations that the parties submitted, and it appears that pursuant to Local Bankruptcy Rule 7016-1(f) the court should impose sanctions of $250 against counsel and self-represented party each for their failure to jointly submit a pretrial stipulation without excuse as both are culpable in their noncompliance with the rule. Appearances are required on 7/11/17.
Prior tentative ruling. This matter will be heard on the 3:30 p.m. calendar with the hearing on defendant's motion to dismiss. Appearances are required at 3:30 p.m. rather than 1:30 p.m. No tentative ruling on the merits.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 22
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for cause since the Chapter 7 trustee has filed a no distribution report, no timely written opposition has been filed and there is no longer a bankruptcy purpose for keeping the stay in place as to this collateral. Deny stay relief under 11 U.S.C. 362(d)(2) since movant has not offered admissible evidence of valuation of the collateral to meet its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate the lack of equity in debtor's interest in the collateral. Deny requests for extraordinary relief in paragraphs 3, 10 and 12 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Carmen Guerrero Represented By Guy R Bayley
10:30 AM
Movant(s):
Caterpillar Financial Services Represented By
Mark D Poniatowski
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Nationstar Mortgage LLC dba Mr. Cooper VS Debtor)
Docket 10
Service on debtor pursuant to LBR 4001-1(c)(1)(C)(i) as indicated on the proof of service of the motion is deficient since the address listed for her is "34 Magnolia #12, Long Beach, CA 90802" and not "345 Magnolia #12, Long Beach, CA 90802" which is her address of record as reflected on the case docket. Movant should re-serve debtor, and the hearing should be continued for proper service. Appearances are required on 2/6/18.
Debtor(s):
Brenda Kay Bailey Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
fr. 12/19/17
Docket 9
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/6/18, but counsel may appear by telephone.
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 12/17/17, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
1:30 PM
fr. 10/24/17
Docket 40
Off calendar. Matter resolved by order entered on 12/5/17. No appearances are necessary.
Debtor(s):
Adrian J Hernandez Represented By
Eric Bensamochan
Movant(s):
Adrian J Hernandez Represented By
Eric Bensamochan Eric Bensamochan
Adrian J Hernandez Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 5/23/17, 8/29/17, 11/7/17
Docket 1
Updated tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on
1:30 PM
5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01270 Romero v. Marti
fr. 1/31/18
Docket 162
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/6/18.
No tentative ruling as of 1/29/18. Appearances are required on 1/31/18.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Represented By Derek L Tabone
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller Derek L Tabone
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 9/26/17, 11/14/17, 1/31/18
Docket 1
Updated tentative ruling as of 2/5/18. Plaintiff lodged "[Proposed] Stipulated Pretrial Conference Order," which the court has rejected as deficient under LBR 7016-1 because of lack of signature of defendant's counsel, numerous typographical errors and failure to address all claims of second amended complaint. The document to be submitted first is a "Joint Pretrial Stipulation", and later an order approving that document if it is in proper form. Both parties have independent duties to participate in the preparation and filing of the pretrial conference documents under LBR 7016-1. Plaintiff filed "joint" witness list twice, but no "joint' exhibit list, but these documents have no indication that they are "joint" since no signature of defendant's counsel is provided. These documents do not excuse either party since there is no indication from defendant that defendant has met the requirements of submitting joint pretrial documents with plaintiff under LBR 7016-1. The parties should be prepared to discuss how the court should proceed with all non-dismissed claims alleged in plaintiff's second amended complaint. The court has orally indicated that the claims under 11 U.S.C. 727 should be tried first and that the claims under 11 U.S.C. 523 should be deferred until the state court appellate litigation has been completed on related claims (or the court should permissively abstain in favor of the state courts on the related claims). The parties should report on the status of the state court appellate litigation. The court is considering imposing sanctions of $250 against each counsel for their continued failures to submit documents that fully comply with the pretrial conference requirements of LBR 7016-1. Appearances are required on 2/6/18.
2:00 PM
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
2:00 PM
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 23
Off calendar. The court has ruled on the motion on the papers without hearing and takes the hearing off calendar. No appearances are required on 2/6/18.
Debtor(s):
Boutros Mouhawas Represented By Khachik Akhkashian
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Docket 54
Updated tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 12/11/17. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 12/12/17.
No tentative ruling as of 8/21/17. Appearances are required on 8/22/17, but counsel may appear by telephone.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
Docket 47
Updated tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
fr. 8/29/17, 10/3/17, 1/9/18
Docket 45
Updated tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
No updated tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
Application for fees and expenses [Timothy J. Yoo, Chapter 7 Trustee]
Docket 46
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 2/6/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cesar Abel Sazo Pro Se
Trustee(s):
Timothy Yoo (TR) Represented By Todd M Arnold Jeffrey L Sumpter
2:30 PM
[Levene, Neale, Bender Yoo & Brill, Attorney for Chapter 7 Trustee]
Docket 44
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/6/17, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Cesar Abel Sazo Pro Se
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
Todd M Arnold
Trustee(s):
Timothy Yoo (TR) Represented By Todd M Arnold Jeffrey L Sumpter
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 18
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 2/6/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Oscar Olivares Represented By Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
F.R.B.P. 7007 and 11 U.S.C § 105
Docket 14
Off calendar. Continued on the court's own motion to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
Docket 1
Updated tentative ruling as of 2/5/18. Off calendar. Continued on the court's own motion to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling. Continued ;by stipulation and order to 2/6/18 at 2:30
p.m. No appearances are required on 1/23/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 23
No tentative ruling as of 2/5/18. Appearances are required on 2/6/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
2:30 PM
Docket 7
Off calendar. Application granted by prior order. No appearances are necessary.
Debtor(s):
Matthew Aaron Canales Pro Se
Movant(s):
Matthew Aaron Canales Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
3:00 PM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 6
Grant motion of Navient Solutions, LLC to dismiss it as a defendant for the reasons stated in the moving papers. Appearances are required on 2/6/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
3:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Docket 8
Off calendar. The motion to dismiss the original complaint is moot because plaintiff has filed and served a first amended complaint which supersedes the original complaint, which it may file as a matter of course pursuant to FRBP 7015 and FRCP 15(a)(1)(B). No appearances are required on 2/6/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
11:00 AM
fr. 10/18/17, 11/29/17
Docket 184
Revised tentative ruling as of 2/5/18. The court notes that debtors filed an amended disclosure statement on 1/31/18, but there is no amended plan with the disclosure statement. Debtors should clarify if they are amending the plan. If they are proceeding with this amended disclosure statement, the plan should be attached to it when served on all required parties, and notice of hearing should be given in accordance with LBR 3017-1 (42 days notice), regardless of LBR 3017-2. Preliminarily, the court notes that not all of the concerns raised in the court's prior tentative rulings and repeated comments during prior hearings have been addressed regarding financial data of the husband's law practice for the past three years and the justification of the payment for the expenses of dependents, which are not provided in the amended disclosure statement. The court is considering dismissal of the case for failure to file a disclosure statement within the time fixed under the Bankruptcy Code or by order of the court pursuant to 11 U.S.C. 1112(b)(4)(J). Cause exists for dismissal or conversion under 11 U.S.C. 1112(b)(4)(J) because in this small business Chapter 11 case, debtors have failed to timely confirm their plan within 45 days of the filing of their plan on 11/23/16, that is, the deadline was 3/8/17, as required by 11 U.S.C. 1129(e) and 1121(e). In re Roots Rents, Inc., 420 B.R. 28 (Bankr. D. Idaho 2009). Appearances are required on 2/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/5/18. The court notes that debtors filed an amended disclosure statement on 1/31/18, but there is no amended plan with the disclosure statement. Debtors should clarify if they are amending the plan. If they are proceeding with this amended disclosure statement, the plan
11:00 AM
should be attached to it when served on all required parties, and notice of hearing should be given in accordance with LBR 3017-1 (42 days notice), regardless of LBR 3017-2. Preliminarily, the court notes that not all of the concerns raised in the court's prior tentative rulings and repeated comments during prior hearings have been addressed regarding financial data of the husband's law practice for the past three years and the justification of the payment for the expenses of dependents, which are not provided in the amended disclosure statement. If these concerns are not remedied, the court is considering dismissal of the case for failure to file a disclosure statement within the time fixed under the Bankruptcy Code or by order of the court pursuant to 11 U.S.C. 1112(b)(4)(J). Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. Debtors will need to address how they will resolve the concerns in the prior tentative ruling. Appearances are required on 11/29/17, but counsel may appear by telephone.
Deny approval of disclosure statement with leave to amend. The disclosure statement does not contain adequate information as follows: (1) the discussion in the disclosure statement saying that transfers of the properties were not fraudulent transfers will need to be amended to reflect the settlements; (2) there is no detailed statement of debtor's husband's business income which should be attached to the income and expense budget statement - the court requires three years of actual financial data of his law practice business, 2014-2017, saying he has $2500 gross and $500 expenses for $2000 net income is inadequate; (3) there is inadequate disclosure and justification of the nature and purpose of $750 for support of a dependent who does not live with debtors; (4) there is inadequate disclosure and justification of debtors' making three car payments for the two of them;
(5) without justification of these deductions in the proposed plan and disclosure statement, debtors have more income to commit to the plan with a higher creditor dividend. Appearances are required on 10/18/17, but counsel may appear by telephone.
Debtor(s):
Don P. Chairez Represented By
11:00 AM
Jeffrey A Cogan
Joint Debtor(s):
Maria J. Chairez Represented By Jeffrey A Cogan
11:00 AM
Docket 101
The court notes that debtors filed an amended disclosure statement on 1/31/18 for their first amended plan filed on 7/31/17. The court notes that not all of the concerns raised in the court's prior tentative rulings and repeated comments during prior hearings on debtors' disclosure statements have been addressed regarding financial data of the husband's law practice for the past three years and the justification of the payment for the expenses of dependents, which are not provided in the amended disclosure statement.
The court is considering dismissal of the case for failure to file a disclosure statement within the time fixed under the Bankruptcy Code or by order of the court pursuant to 11 U.S.C. 1112(b)(4)(J). Cause exists for dismissal or conversion under 11 U.S.C. 1112(b)(4)(J) because in this small business Chapter 11 case, debtors have failed to timely confirm their plan within 45 days of the filing of their plan on 11/23/16, that is, the deadline was 3/8/17, as required by 11 U.S.C. 1129(e) and 1121(e). In re Roots Rents, Inc., 420
B.R. 28 (Bankr. D. Idaho 2009). Appearances are required on 2/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/18/17. No tentative ruling on the merits. Appearances are required on 9/20/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed debtors' status report filed on 8/23/17. The court also notes that on 8/23/17, the United States Trustee filed a motion to dismiss or convert noticed for hearing on 9/20/17 on grounds that debtors have failed to notice their filed disclosure statement and plan for hearing and to pay quarterly United States Trustee fees. Given the age of the case, the court does not see any reason why the filed disclosure statement and plan have not been noticed for hearing to creditors and that the court should countenance further delay in this case due to such failure as well as the failure to pay quarterly fees. Appearances are required on 8/30/17, but counsel may appear by telephone.
No updated tentative ruling as of 6/27/17. Appearances are required on 6/28/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone in accordance with the court's telephonic appearance procedures.
Debtor(s):
Don P. Chairez Represented By Jeffrey A Cogan Jeffrey A Cogan
Joint Debtor(s):
Maria J. Chairez Represented By Jeffrey A Cogan
11:00 AM
fr. 7/26/17, 9/27/17, 11/29/17
Docket 115
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed factual issues that requires an evidentiary hearing. Parties should be prepared to discuss their discovery needs and scheduling of pretrial and trial proceedings. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
11:00 AM
fr. 12/13/17
Docket 390
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
11:00 AM
Docket 372
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 12/13/17
Docket 394
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
Updated tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement.
Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original
11:00 AM
disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 7/26/17, 9/27/17, 11/29/17
Docket 1
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No
11:00 AM
tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:16-01331 Magleby v. Magleby
fr. 7/26/17, 9/27/17, 11/29/17
Docket 1
Updated tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
No tentative ruling as of 11/14/16. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By
11:00 AM
Alan F Broidy Illyssa I Fogel
Defendant(s):
Curtis C. Magleby Pro Se
Plaintiff(s):
Cindy Magleby Represented By Michael J Conway
11:00 AM
Docket 129
Off calendar. The status conference is moot since a final decree has been entered and the case is now closed. No appearances are necessary.
Debtor(s):
Completion 123, Inc Represented By James R Selth Elaine Nguyen
11:00 AM
Docket 1
Updated tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
fr. 1/31/18
Docket 32
Updated tentative ruling as of 2/5/18. The court is inclined to grant the motion since the objecting party does not have an interest in the cash collateral since there is no assignment of rents provision in its trust deed on the subject real property. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are factual issues regarding valuation of the subject property and whether the rents are cash collateral or not. Debtor argues that they are not cash collateral citing the trust deed instrument, but the court is unable to determine the merits of this argument since she does not provide the court with a copy. Appearances are required on 1/31/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
2:00 PM
fr. 1/24/18
Docket 118
Updated tentative ruling as of 2/5/18. Off calendar. Continued on the court's own motion by prior order to 3/7/18 at 9:00 a.m. No appearances are required on 2/7/18.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 1/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
10:00 AM
Adv#: 2:12-01019 MGM Grand Hotel, LLC et al v. Chu
#1.00 Order to Show Cause Why Judgment Debtor Qian Hao Chu Should not be held in Contempt for Failure to Appear for Judgment Debtor Examination pursuant to the Order to Appear for Examination entered on November 2, 2017
Docket 67
No tentative ruling as of 2/12/18. Appearances are required on 2/23/18.
Debtor(s):
Qian Hao Chu Represented By Maria W Tam Esq
Defendant(s):
Qian Hao Chu Pro Se
Plaintiff(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Bellagio, LLC. Represented By William A Orzel
The Mirage Casino Hotel Represented By William A Orzel
Aria Resort & Casino Holdings LLC Represented By
William A Orzel
Trustee(s):
David A Gill (TR) Represented By Kevin Meek David A Gill (TR)
10:00 AM
10:00 AM
Adv#: 2:12-01019 MGM Grand Hotel, LLC et al v. Chu
fr. 12/12/17
Docket 61
No tentative ruling as of 2/12/18. Appearances are required on 2/23/18.
No tentative ruling as of 12/11/17. Appearances are required on 12/12/17.
Debtor(s):
Qian Hao Chu Represented By Maria W Tam Esq
Defendant(s):
Qian Hao Chu Pro Se
Plaintiff(s):
MGM Grand Hotel, LLC Represented By William A Orzel
Bellagio, LLC. Represented By William A Orzel
The Mirage Casino Hotel Represented By William A Orzel
Aria Resort & Casino Holdings LLC Represented By
William A Orzel
Trustee(s):
David A Gill (TR) Represented By
10:00 AM
Kevin Meek David A Gill (TR)
10:30 AM
Docket 465
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including retroactive annulment of stay, for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 7 for lack of legal authority and/or evidentiary support. In re Van Ness, 399
B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Movant(s):
Tracy Piazza Leaton Represented By William M Garrett Jr
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Paul Manuel Do Canto Represented By David Lozano
Movant(s):
4152010th Street, LLC. Represented By Paul E Gold
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Renato H Hahn Represented By Young K Chang
Joint Debtor(s):
Lisa Hahn Represented By
Young K Chang
Movant(s):
BANK OF THE WEST Represented By
10:30 AM
Trustee(s):
Mary Ellmann Tang
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:15-01392 Arrache et al v. Adelman
[11 U.S.C. §523(a)(2)(A), and 11 U.S.C. §523(a)(6)]; and (B) Discharge of debtor [11 U.S.C. §727(a)(4) and §727(a)(5)]
fr. DS
Docket 1
The court has reviewed plaintiff's unilateral status report and the declaration in support thereof. No tentative ruling on the merits. Appearances are required on 2/13/18, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Defendant(s):
Fred Matthew Adelman Pro Se
Plaintiff(s):
Ronald Arrache Represented By
Jerome Bennett Friedman
Nancy Arrache Represented By
Jerome Bennett Friedman
Ronald Arrache Construction Represented By
Jerome Bennett Friedman
Navigators Specialty Insurance Represented By
Jerome Bennett Friedman
1:30 PM
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
1:30 PM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 1
Revised tentative ruling as of 2/12/18. Off calendar. Another summons was issued on 2/8/18 resetting the status conference to 4/10/18 at 1:30 p.m. No appearances are required on 2/13/18.
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
(3) Declaratory Relief Regarding Unlawful Detainer Action; (4) Turnover Of Real Property; (5) Disallowance Of Any Claims Of JPMorgan Chase Bank, N.A.; (6) Violation Of Fair Debt Collection Practices Act
Docket 1
Off calendar. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Docket 1
Updated tentative ruling as of 2/12/18. Off calendar. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of the alleged debtor to dismiss petitioning creditor's amended involuntary petition on 3/6/18 at 2:30 p.m., which may have an impact on scheduling in this case. Therefore, the court on its own motion continues the status conference to 2/27/18 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss the amended petition. No appearances are required on 2/13/18.
Revised tentative ruling as of 12/11/17. Off calendar. The court determines that oral argument on the motion to dismiss is not necessary, dispenses with it, takes the motion under submission, vacates the hearing and status conference, and is entering a decision and an order on the motion. No appearances are required on 12/12/17.
Prior tentative ruling. The court has reviewed the joint status report and on its own motion continues the status conference to 12/12/17 at 3:30 p.m. to be conducted with the hearing on alleged debtor's motion to dismiss. No appearances are required on 11/28/17.
Debtor(s):
Reyna Maria Taylor Pro Se
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 8/29/17, 9/26/17, 11/28/17
Docket 1
Updated tentative ruling as of 2/12/18. Off calendar. Continued by stipulation and order to 4/17/18 at 2:00 p.m. No appearances are required on 2/13/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/25/17. Off calendar. Continued by stipulation and order to 11/28/17 at 2:00 p.m. No appearances are required on 9/26/17.
Prior tentative ruling as of 6/26/17. Off calendar. Continued by stipulation and order to 8/29/17 at 2:00 p.m. No appearances are required on 6/27/17.
Prior tentative ruling as of 3/20/17. Off calendar. Continued by stipulation and order to 4/25/17 at 2:00 p.m. No appearances are required on 3/21/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/20/15, but counsel may appear by telephone.
Debtor(s):
Peter James Eichler Jr Represented By Christian T Kim James A Dumas Jr Miri Kim Wakuta
2:00 PM
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:17-01188 Caterpillar Financial Services Corporation v. Guerrero
2) objecting to discharge [11U.S.C. §§523 and 727] fr. 5/9/17, 11/14/17
Docket 1
Updated tentative ruling as of 2/12/18. Due to the failure of the parties to comply with the court's scheduling order of 12/7/17 and rulings at the status conference on 11/14/17, the court is inclined to continue the trial scheduled for 2/13/18 because the matter is not ready for trial. Plaintiff timely filed its witness list by the deadline of 1/19/18, but failed to file the trial declarations of its nonadverse cooperative witnesses, including its special account representative Stephanie Floyd, and failed to file its exhibit list as the court orally ruled at the status conference on 11/14/17 (the court notes that it signed the proposed scheduling order submitted by plaintiff which neglected to put in the deadline for plaintiff's exhibit list), which were also due on 1/19/18. Defendant failed to file the trial declarations of her nonadverse cooperative witnesses, including herself, failed to file her witness list, and failed to file her exhibit list as the court orally ruled at the status conference on 11/14/17 (the court notes that it signed the proposed scheduling order submitted by plaintiff which also neglected to put in the deadline for defendant's exhibit list), which were all due on 2/2/18. Appearances are required on 2/13/18 to discuss the lack of compliance with the court's scheduling order and rulings, to address whether sanctions should not be imposed against counsel for both sides who were present at the status conference on 11/14/17 for failure to comply with the court's order and rulings and to discuss deadlines for compliance with the court's scheduling order and rulings and rescheduling of trial, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further
2:00 PM
proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 10/31/17 and set a post-discovery status conference for 11/14/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 6/30/17 and to complete mediation by 11/14/17.
Appearances are required on 5/9/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Carmen Guerrero Represented By Guy R Bayley
Defendant(s):
Carmen Guerrero Pro Se
Plaintiff(s):
Caterpillar Financial Services Represented By
Mark D Poniatowski
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Application for fees and expenses [Heide Kurtz, Chapter 7 Trustee]
Docket 389
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 2/13/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
2:30 PM
Kyra E Andrassy
2:30 PM
[Smiley Wang-Ekvall, LLP, Attorney for Chapter 7 Trustee]
Docket 384
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/13/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:30 PM
[Hahn Fife & Company, LLP, Accountant for Chapter 7 Trustee]
Docket 382
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/13/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:30 PM
Docket 241
No tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
Docket 19
Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18. No appearances are required on 2/13/18.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
2:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 11/28/17, 11/28/17, 12/19/17
Docket 1
Updated tentative ruling as of 2/12/18. Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18.
No appearances are required on 2/13/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/11/17. The court has reviewed plaintiff's unilateral status report, again stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment.
Appearances are required on 9/12/17, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 6/5/17. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment. The court on its own motion continues the status conference to 9/12/17 at 1:30 p.m. No appearances are required on 6/6/17.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 49
Grant trustee's motion to approve compromise with BL2 Inc. for the reasons stated in the moving papers and lack of timely written opposition.
Appearances are optional on 2/13/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Docket 14
Off calendar. Continued on the court's own motion to 2/20/18 at 2:30 p.m. No appearances are required on 2/13/18.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 123
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 1
Updated tentative ruling as of 2/12/18. No tentative ruling on the merits. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 1103
Approve final application of special counsel for Chapter 11 trustee for fees and/or expenses for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/14/18, but trustee and applicants may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
GSM Wireless Inc Represented By Evan D Smiley
Hutchison B Meltzer Philip E Strok
Lisa P. Grassi Thomas H Petrides
Winthrop Couchot Professional Corporation
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe Steven M Speier
11:00 AM
Docket 1102
Approve final fee application of attorneys for Chapter 11 trustee for reasons stated in the fee application and for lack of timely written objection.
Appearances are optional on 2/14/18, but trustee and applicants may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
GSM Wireless Inc Represented By Evan D Smiley
Hutchison B Meltzer Philip E Strok
Lisa P. Grassi Thomas H Petrides
Winthrop Couchot Professional Corporation
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe Steven M Speier
11:00 AM
Docket 1088
Approve final fee application of accountants for Chapter 11 trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/14/18, but trustee and applicants may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
GSM Wireless Inc Represented By Evan D Smiley
Hutchison B Meltzer Philip E Strok
Lisa P. Grassi Thomas H Petrides
Winthrop Couchot Professional Corporation
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe Steven M Speier
11:00 AM
Docket 1
Updated tentative ruling as of 2/12/18. No tentative ruling on the merits. Regarding United States Trustee's limited opposition to motion to close case on an interim basis, debtor needs to address the objection regarding unpaid United States Trustee quarterly fees. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. The court notes that debtor filed a motion for order closing case on an interim basis with notice and opportunity for a hearing pursuant to LBR 9013-1(o). Debtor has not filed a declaration of non-opposition. The court is inclined to deny the motion without prejudice because there is no evidence in support of the assertions made in the motion. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed debtor's postconfirmation status report, reporting he anticipates filing a motion for final decree within the next 90 days. Appearances are required on 4/26/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's postconfirmation status report. No tentative ruling on the merits. Appearances are required on 11/30/16, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:30 AM
Docket 6
Off calendar. The court has reviewed debtor's response to the order to show
cause and has issued an order discharging the order to show cause. No appearances are required on 2/14/18.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
9:00 AM
Docket 101
Updated tentative ruling as of 2/8/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 2/15/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set for an evidentiary hearing. The court will set a short evidentiary hearing to allow the parties to submit and establish a factual record for the court's ruling and for possible appellate review. It appears that debtor as the party claiming the exemption under California law has the burden of proving entitlement to the exemption. In re Diaz, 547 B.R. 329, 337 (9th Cir. BAP 2016), citing inter alia, Raleigh v. Illinois Department of Revenue, 530 U.S. 15, 20-21 (2000);
but see, In re Carter, 182 F.3d 1027, 1029 n. 3 (9th Cir. 1999); FRBP 4003 (c). The court understands that the trustee relies upon BAP authority in In re Glass, 164 B.R. 759, 761 (9th Cir. BAP 1994) to argue that the exemption should be denied because debtor's transfer to his spouse was voluntary and recovered by the trustee or concealed, but this court considers BAP opinions to be persuasive only and not controlling. In re Arnold, 471 B.R. 578, 588- 590 (Bankr. C.D. Cal. 2012). The court believes that there should be a clear factual record for its ruling and possible appellate review and will set the matter for evidentiary hearing, at which time the parties should submit their exhibits and call witnesses for testimony (i.e., the record is unclear as to the various transmutations of the subject property). Appearances are required on 2/23/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
9:00 AM
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
9:00 AM
Adv#: 2:16-01446 Perske v. Larsen
fr. 11/9/17, 1/22/18, 1/26/18
Docket 115
Updated tentative ruling as of 2/8/18. No tentative ruling will be issued for trial. Appearances are required on 2/16/18.
Prior tentative ruling as of 1/25/18. No tentative ruling will be issued for trial. Appearances are required on 1/26/18.
Prior tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
No tentative ruling as of 10/23/17. Appearances are required on 10/26/17.
Debtor(s):
Jens Larsen Represented By
Matthew D Resnik
Defendant(s):
Jens F Larsen Represented By
Joseph W Kellener
Plaintiff(s):
Jacquelynn Perske Represented By
9:00 AM
Trustee(s):
Damion Robinson
Edward M Wolkowitz (TR) Represented By Carmela Pagay Diane C Weil
9:00 AM
Adv#: 2:16-01446 Perske v. Larsen
Docket 1
Updated tentative ruling as of 2/8/18. No tentative ruling will be issued for trial. Appearances are required on 2/16/18.
Prior tentative ruling as of 1/25/18. No tentative ruling will be issued for trial. The court has been advised that defendant is not available to appear for further examination on 1/26/18, so his further examination will be rescheduled. Appearances are required on 1/26/18 to discuss procedural matters and scheduling of further trial proceedings.
Prior tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
Prior tentative ruling as of 1/9/17. The court has reviewed plaintiff's unilateral status report. No updated tentative ruling on the merits. Appearances are required on 1/10/17.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 12/6/16.
Debtor(s):
Jens Larsen Represented By
Steven L. Kimmel
9:00 AM
Defendant(s):
Jens F Larsen Pro Se
Plaintiff(s):
Jacquelynn Perske Represented By Darrel C Menthe
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Aldo M. Juarez Represented By Jennifer Ann Aragon
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
10:30 AM
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(2550 - Mill Cubed, LLC fka Southwest Industries VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 7, 9, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Faiz Ahmed Represented By
Sina Maghsoudi
Trustee(s):
Richard K Diamond (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 3 to confirm no stay in effect for lack of legal authority and/or evidentiary support. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zachery Robert Valdespino Represented By Charles J Brash
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:17-01128 Leslie v. Edward C. Lee, CPA
recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 8/15/17, 10/17/17, 1/9/18
Docket 1
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/20/18 at 1:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/16/17. Off calendar. Continued by stipulation and order to 1/9/18 at 1:30 p.m. No appearances are required on 10/17/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report stating that the matter is in the process of being resolved and continues the status conference on its own motion to 6/27/17 at 1:30 p.m. Plaintiff to notify defendant of the continuance. No appearances are required on 4/4/17, but counsel may appear by telephone.
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
1:30 PM
Defendant(s):
Edward C. Lee, CPA Pro Se
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:16-01341 Dumas v. Wells
fr. 3/28/17, 5/30/17, 9/26/17
Docket 1
Updated tentative ruling as of 2/16/18. Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued to May 2018 in light of the pending appeal in the related state court litigation where oral argument is estimated to be scheduled that month. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling as 9/25/17. Off calendar. The court has reviewed the joint status report stating that the related state court appellate proceedings are still pending and that the status conference should be continued to February 2018. The court on its own motion continues the status conference to 2/20/18 at 1:30 p.m. Counsel for plaintiff is ordered to file and serve a notice of continuance of status conference. No appearances are required on 9/26/17.
Prior tentative ruling as 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17 to update the status of the state appellate proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/27/17. The status conference will be delayed to 2:00 p.m. because the court has a commitment offsite at the lunch hour. The court has reviewed the joint status report discussing the status of the related proceedings before the state appellate court and requesting a continuance of the status conference pending the decision of the state appellate court. The court on its own motion continues the status conference to 9/26/17 at 1:30
p.m. and orders the parties to file a further joint status report by 9/19/17. No appearances are required on 3/28/17.
1:30 PM
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/4/16 to discuss scheduling of mediation and trial, and the arrangements for a stay of this adversary proceeding pending appellate review of judgment in related state court litigation, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr
Trustee(s):
Richard K Diamond (TR) Pro Se
1:30 PM
Adv#: 2:17-01153 Michael C. Lin, Trustee of The Hellion Trust v. Martinez
Docket 1
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
1:30 PM
Plaintiff(s):
Michael C. Lin, Trustee of The Represented By Henry D Paloci
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01192 Diamond, Chapter 7 Trustee, Plaintiff v. Scales
fr. 5/16/17
Docket 1
Updated tentative ruling as of 2/16/18. Continued by stipulation and order to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 1/31/18 and set a post-discovery status conference for 2/20/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 7/31/17 and to complete mediation by 2/28/17.
Appearances are required on 5/16/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Defendant(s):
Michelle Renee Scales Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
Docket 15
Off calendar. Having reviewed the response of counsel for defendant to the order to show cause and the declaration in support thereof, the court has issued an order discharging the order to show cause and vacating the hearing. No appearances are required on 2/20/18.
Debtor(s):
Jay Yoon Represented By
Young K Chang
Defendant(s):
Jay Yoon Represented By
Young K Chang
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:17-01495 Sharafian v. Arnold et al
§ 11 U.S.C. §523 (a)(4) and §11 U.S.C. §523(a)(6) of the Bankruptcy Code fr. 12/12/17
Docket 1
Off calendar. Judgment entered and adversary proceeding closed. No appearances are necessary.
Debtor(s):
Ken Elvis Arnold Represented By Michael E Clark
Defendant(s):
Ken Elvis Arnold Pro Se
Darlene Diana Arnold Pro Se
Joint Debtor(s):
Darlene Diana Arnold Represented By Michael E Clark
Plaintiff(s):
Shahram Sharafian Represented By Sepehr Omrani
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:17-01585 Wolkowitz v. Lim et al
Docket 1
Off calendar. The court has reviewed the joint status report indicating that counsel has recently been retained by defendant and that the parties have not had their LBR 7026-1 initial meeting. The court on its own motion continues the status conference to 3/27/18 at 1:30 p.m. Trustee to give email or telephonic notice to counsel for defendant of the continuance of the status conference. No appearances are required on 2/20/18.
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Annie Lim Pro Se
Tony C. Sok Pro Se
Samuel Chea Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
fr. 2/6/18
Docket 23
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. The court will hear argument on the motion. Appearances are required on 2/20/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 2/5/18. Appearances are required on 2/6/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
2:30 PM
Application for fees and expenses [Rosendo Gonzalez, Chapter 7 Trustee]
Docket 170
No tentative ruling on the trustee's final report because in the proposed distribution on Exhibit D to the report, the trustee proposes a payment of
$32,662.01 for his compensation, but states that his maximum compensation under 11 U.S.C. 327 is $21,449.43. The trustee needs to explain his request for payment of compensation. Otherwise, approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are required on 2/20/18, but trustee and counsel may appear by telephone.
Debtor(s):
Sergio Anibal Del Cid Alegria Represented By Stephen R Wade
W. Derek May
Trustee(s):
Rosendo Gonzalez (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:30 PM
[Shulman Hodges & Bastian LLP, Attorney for Chapter 7 Trustee]
Docket 167
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Sergio Anibal Del Cid Alegria Represented By Stephen R Wade
W. Derek May
Trustee(s):
Rosendo Gonzalez (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:30 PM
[Karl T. Anderson, CPA Inc. Accountant for Chapter 7 Trustee]
Docket 168
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Sergio Anibal Del Cid Alegria Represented By Stephen R Wade
W. Derek May
Trustee(s):
Rosendo Gonzalez (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:30 PM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 20
Grant motion to intervene for the reasons stated in the moving papers and for lack of timely written opposition. The motion may be moot in that plaintiff has filed an amended complaint which names movant as a defendant.
Appearances are required on 2/20/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
Educational Credit Management Represented By
Scott A Schiff
Movant(s):
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
2:30 PM
fr. 2/13/18
Docket 14
Updated tentative ruling as of 2/16/18. Deny without prejudice because movant must bring an adversary proceeding for the relief sought.
Appaerances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 2/20/18 at 2:30
p.m. No appearances are required on 2/13/18.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 12/19/17
Docket 257
Off calendar. Continued by stipulation and order to 3/27/18 at 3:00 p.m. No appearances are required on 2/20/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
3:00 PM
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:00 AM
Docket 94
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not
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contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits.
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Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By
11:00 AM
Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
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Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
fr. 12/6/17
Docket 158
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of proposed disclosure statement for lack of adequate information. The disclosure statement does not contain the information normally expected, such as the matters identified in In re Metrocraft Pub. Servs. Inc., 30 B.R. 567, 568 (Bankr. N.D. Ga. 1984) discussed in the moving papers. The disclosure statement does not give meaningful information to creditors about how the plan works; it is just a collection of spreadsheets with little explanation. There is no explanation of how payments are going to be made under the plan, monthly, quarterly, annually, etc. There is a computation of net income on Exhibit C, but that does not translate into how plan payments are going to be made to creditors. The financial history spreadsheet, Exhibit D, is sparse and uninformative as to both the income and expenses of debtor, and just provides summary figures from the MORs.
The liquidation analysis, Exhibit G, is incomplete, and may not necessarily reflect the correct net equity of debtor since the asset values and encumbrances differ for each piece of collateral, and simply aggregating them does not necessarily mean that there is total negative net equity of the estate as computed (i.e., there is no explanation of the liens, whether they are only as to specific collateral or blanket liens). Debtor says there is no need to consider Chapter 7 adminstrative costs since there is negative net equity in debtor's assets in the aggregate, but these should be computed.
The court should also deny approval of the disclosure statement because the debtor's proposed new value plan on its face gives the exclusive new value
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opportunity to its sole shareholder, Ji K. Lim, and is not sufficiently market tested within the meaning of Bank of America National Trust and Savings Association v. 203 North LaSalle Street Partnership ("LaSalle"), 526 U.S. 434 (1999); see also, In re NNN Parkway 400 26, LLC, 505 B.R. 277, 281-283
(Bankr. C.D. Cal. 2014)(Albert, J.); see also, In re Arnold, 471 B.R. 578, 586 (Bankr. C.D. Cal. 2012)(approval of disclosure statement should be denied if plan is nonconfirmable on its face). As Judge Albert observed in NNN Parkway 400 26, LLC, "LaSalle requires that the quantum of new value be market tested; otherwise the parties and the court cannot know whether the amount of new value is most available. And if more (or better) could be gotten elsewhere, then the equity is effectively keeping a form or property or interest in the debtor despite not paying the dissenting creditors in full, by exercising its exclusive 'option' to direct/determine the source of the new value. But LaSalle is frustratingly vague as to what exactly a debtor must do to 'market test' the interest; the Supreme Court expressly left the question open while naming some alternatives, such as the right to bid for the same interest or the right to file a competing plan." In re NNN Parkway 400 26, LLC, 505 B.R. at 281, citing LaSalle, 526 U.S. at 458; see also, LaSalle, 526
U.S. at 455 ("It is doomed, we can say without necessarily exhausting its flaws, by its provision for vesting equity in the reorganized business in the Debtor's partners without extending an opportunity to anyone else either to compete for that equity or to propose a competing reorganization plan."). "[D] ebtors bear the burden of showing that the new money offered is the most and best reasonably obtainable after some 'market testing' . . . This probably requires, at a minimum, demonstration of a systematic effort designed to 'market test' the deal." In re NNN Parkway 400 26, LLC, 505 B.R. at 283. There is no demonstration of any systematic effort designed to "market test" the deal shown in debtor's papers as far as this court can see.
The court also agrees with the objections of the committee and creditor Bank of Hope regarding the inadequacy of information regarding the new value contribution, the payment to unsecured creditors, the identification of postconfirmation directors and officers, treatment of creditor claims and impairment of secured claims.
Debtor uses the court form Chapter 11 plan and disclosure statement which are designed in part for individual Chapter 11 cases and simple Chapter 11
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cases, and debtor does not use the official court attachments for these forms, but provides its own custom form attachments deviating from the court form attachments, and provide much less information than required by the court form attachments. In this case, debtor's use of these court forms is really uninformative, and debtor should use more traditional, narrative form plan documents to cover the Metrocraft factors.
Appearances are required on 12/6/17, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed schedule of proceedings appears reasonable. However, this court requires at least 60 days notice to creditors of any claims filing bar date.
Appearances are required on 11/29/17, but counsel may appear by telephone.
Debtor(s):
1060 Palms, LLC Represented By Moises S Bardavid
11:00 AM
Docket 28
Off calendar. Continued by stipulation and order to 4/4/18 at 11:00 a.m. No appearances are required on 2/21/18.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
fr. 12/19/17, 2/6/18
Docket 9
Updated tentative ruling as of 2/16/18. Off calendar. Continued by stipulation and order to 4/4/18 at 11:00 a.m. No appearances are required on 2/21/18.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/6/18, but counsel may appear by telephone.
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 12/17/17, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:30 AM
Docket 7
No tentative ruling as of 2/16/18. Appearances are required on 2/21/18.
Debtor(s):
Tomboy Farms LLC Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 26
Off calendar. Having reviewed the counsel declaration in response to the court's order to show cause re: sanctions, the court has issued an order vacating the hearing. No appearances are required on 2/21/18.
Debtor(s):
Boutros Mouhawas Represented By Khachik Akhkashian
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:00 AM
Adv#: 2:17-01188 Caterpillar Financial Services Corporation v. Guerrero
2) objecting to discharge [11U.S.C. §§523 and 727] fr. 5/9/17, 11/14/17, 2/13/18
Docket 1
Updated tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 10/31/17 and set a post-discovery status conference for 11/14/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 6/30/17 and to complete mediation by 11/14/17.
Appearances are required on 5/9/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Carmen Guerrero Represented By Guy R Bayley
Defendant(s):
Carmen Guerrero Pro Se
Plaintiff(s):
Caterpillar Financial Services Represented By
9:00 AM
Trustee(s):
Mark D Poniatowski
John J Menchaca (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Movant(s):
CAB WEST LLC Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 9
Deny motion for stay relief as moot because the bankruptcy case was dismissed on 1/26/18. Appearances are optional on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Nantu Kahn Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 7
No tentative ruling. Movant has not submitted admissible evidence of standing to seek stay relief since it is not clear what Exhibit B is since it is not an authenticated certificate of title from a governmental agency, such as DMV. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Josefina Villanueva Maniago Represented By David H Chung
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 9
No tentative ruling as of 2/26/18. It appears that movant has asked for a hearing on shortened notice under LBR 9075-1 without filing an application fo hearing on shortened notice. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Brett Clark Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 32
No tentative ruling as of 2/26/18. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Encinal Entertainment Group Inc. Represented By
Roland H Kedikian
Trustee(s):
Richard K Diamond (TR) Represented By Walter K Oetzell
1:30 PM
Adv#: 2:16-01383 Richards, Individually and as Trustee of the Gwend v. Bishop
fr. 11/28/17, 12/19/17, 1/30/18
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. Because the court has issued orders and a judgment on the pending motions under submission, the court on its own motion vacates the status conference on 2/27/18 at 1:30 p.m. No appearances are required on 2/27/18.
Updated tentative ruling as of 1/29/18. Off calendar. Because the court takes the pending motions under submission, is continuing review of the papers, the court on its own motion continues the status conference to 2/27/18 at 1:30 p.m. No appearances are required on 1/30/18.
Prior tentative ruling as of 12/18/17. Off calendar. Because the court takes the pending motions under submission and vacates the hearings on the motions, the court has issued an order further continuing the status conference to 1/30/18 at 1:30 p.m. No appearances are required on 12/19/17.
Prior tentative ruling as of 10/10/17. Off calendar. Because the court takes the pending motions under submission and vacates the hearings on the motions, the court vacates the pretrial conference on 10/11/17, but sets a further status conference for 11/28/17 at 1:30 p.m.
ses with further oral argument, vacates the hearing on 10/11/17 and takes the motion under submission. A written ruling will be issued shortly. No appearances are required on 10/11/17.
Updated tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
1:30 PM
Revised tentative ruling as of 9/25/17. Off calendar. The court determines that it needs more time to review the papers relating to the parties' motions and is issuing an order continuing the hearings and the pretrial conference for 2 weeks to 10/11/17 at 1:30 p.m. No appearances are required on 9/27/17.
Updated tentative ruling as of 8/28/17. Off calendar. At the hearing on plaintiffs' motion for summary judgment on 8/23/17, the court orally continued the pretrial conference to 9/27/17 at 1:30 p.m. to be conducted with the further hearing on the summary judgment motion. No appearances are required on 8/29/17.
Prior tentative ruling as of 6/26/17. The court has reviewed plaintiffs' unilateral pretrial stipulation and counsel declaration filed on 6/26/17. The court notes that neither party timely filed a joint pretrial stipulation by the deadline of 6/20/17 as previously ordered. Reserving a ruling on imposing sanctions for their noncompliance with the court's prior order, the court will order the parties to meet and confer to prepare a joint pretrial stipulation and will continue the pretrial conference to a date when they can first comply with the requirements of Local Bankruptcy Rule 7016-1 in submitting a joint pretrial stipulation. Appearances are required on 6/27/17.
Prior tentative ruling. This matter will be heard on the 3:30 p.m. calendar with the hearing on defendant's motion to dismiss. Appearances are required at 3:30 p.m. rather than 1:30 p.m. No tentative ruling on the merits.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Bishop Pro Se
Plaintiff(s):
Law Offices of A. George Glasco, Represented By
A. George Glasco
1:30 PM
Frederick F Richards III, as Trust Represented By
A. George Glasco
Brenda Moore Richards, Represented By
A. George Glasco
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 5/30/17, 8/29/17, 9/12/17
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. Continued by stipulation and order to 3/27/18 at 1:30 p.m. No appearances are required on 2/27/18.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
1:30 PM
Defendant(s):
BANK OF THE WEST Pro Se
Deanna Shapiro Pro Se
JMS Financial, Inc Pro Se
Jeffrey Alan Abraham Pro Se Wladimir J. Klimenko Living Trust Pro Se Wladimir John Klimenko Pro Se
Acquiplied Assets, B.T. Pro Se
Law Office of Robert Brown Pro Se
Robert Anthony Brown Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:17-01521 GRAND VIEW FINANCIAL, LLC v. WELLS FARGO BANK, N.A. et al
fr 1/9/18
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necesary.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
WELLS FARGO BANK, N.A. Pro Se
TIMOTHY KJOSNESS Pro Se
TRINA KJOSNESS Pro Se
WERKING, INC. Pro Se
CLEAR RECON CORP. Represented By Todd S Garan
1:30 PM
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Docket 1
No tentative ruling as of 2/26/18. Appearances are required on 2/27/18.
Debtor(s):
Julian Robinson Pro Se
2:00 PM
fr. 2/6/18, 2/20/18
Docket 23
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. The court will hear further argument on the motion. Appearances are required on 2/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. The court will hear argument on the motion. Appearances are required on 2/20/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 2/5/18. Appearances are required on 2/6/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
2:30 PM
and 218
Docket 254
No tentative ruling as of 2/26/18. Appearances are required on 2/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Docket 251
No tentative ruling as of 2/26/18. Appearances are required on 2/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 86
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 2/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Jesse Beltran Represented By
Michael F Chekian
Joint Debtor(s):
Silvia Godoy Represented By
Michael F Chekian
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
[David M. Goodrich, Esq. Attorney for Chapter 7 Trustee]
Docket 84
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/27/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Jesse Beltran Represented By
Michael F Chekian
Joint Debtor(s):
Silvia Godoy Represented By
Michael F Chekian
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 80
Approve final fee application of financial consultant for trustee for reasons stated in the fee application and for lack of timely written objection.
Appearances are optional on 2/27/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Jesse Beltran Represented By
Michael F Chekian
Joint Debtor(s):
Silvia Godoy Represented By
Michael F Chekian
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 13
Grant motion of United States Trustee for fine against bankruptcy petition preparer for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 2/27/18.
Debtor(s):
Marvin Abel Sican Roca Pro Se
Joint Debtor(s):
Angelica Maria Rodriguez Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 18
No tentative ruling on the merits. The court is inclined to trail the hearing on the employment application of the broker until the hearing on debtor's motion to convert, which has not been set yet by debtor in response to trustee's opposition to that motion. Appearances are required on 2/27/18 to discuss scheduling of the hearing on the motion to convert and the employment application, but counsel may appear by telephone. If debtor does not promptly notice the motion to convert for hearing, the court would proceed to rule on the employment application.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
3:00 PM
Docket 198
Off calendar. The court vacated the hearing by order entered on 2/6/18. No appearances are required on 2/27/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Docket 13
Off calendar. The court on its own motion continues the hearing on the motion to dismiss to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 2/13/18
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
3:00 PM
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
3:00 PM
Docket 29
Updated tentative ruling as of 2/26/18. The court has reviewed the supplemental papers filed by the parties. The court makes the following preliminary observations:
Phelan property
The Phelan property was originally separate property of Glenn Tidwell, and by quitclaim deed on April 18, 2002, transferred it from him as separate property to the family trust as community property, and shortly thereafter, on June 28, 2002, the trust by Debtor and Glenn Tidwell as trustees transferred the property as community property back to Glenn Tidwell as his separate property. The property was transmuted from separate to community property and then back to separate property by deeds signed by the parties. California Family Code, § 852(a); Estate of Bibb, 67 Cal.App.4th 461 (2001); 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:484 at 8-192
– 8-193 (2017). The Phelan property is separate property of Glenn Tidwell, and Debtor’s interest in this asset is $-0-. Debtor has not shown any community property contribution to acquisition of Phelan property during the limited time it was community property between April 18, 2002 and June 28, 2002 that would require reimbursement of any community property contribution to the acquisition of this separate property asset.
South Street property
The one-third interest in the South Street property was originally separate property of Glenn Tidwell, and during marriage (the exact date is not
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in the record), he transferred it from him as separate property to the family trust as community property, and shortly thereafter, on February 19, 2013, the trust by Debtor and Glenn Tidwell as trustees sold one-third interest in the property as community property to a third party, Gregory B. Randle, in exchange for a note secured by deed of trust of $415,000 at 7% interest per annum (one-third interest is $138,333) . Debtor does not dispute these facts. The deed transferring the property by him to the community is a transmutation under California Family Code, § 852(a). Estate of Bibb, 67 Cal.App.4th 461 (2001); 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:484 at 8-192 – 8-193. The one-third interest in the note and trust deed is community property, but Glenn Tidwell is entitled to reimbursement of his separate property contributions to this asset under California Family Code, § 2640. There is no evidence that Glenn Tidwell expressly waived any right to reimbursement of his separate property contributions. Marriage of Carpenter, 100 Cal.App.4th 424 (2002); 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:448 at 8-163
– 8-164. Thus, Glenn Tidwell is entitled to reimbursement of the value of the
property at the time of the transfer as separate property, but the appreciation belongs to the community. 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:466 at 8-176 – 8-177. However, there is no enough information for the court to value the respective interests of the parties because the value of the interest at the time of the transfer to the community and the amount of paydown of principal on the note are not facts in the record.
Pepperwood property
The Pepperwood property was originally separate property of Glenn Tidwell, and in 2002, he transferred it from him as separate property to the family trust as community property. The deed transferring the property by him to the community is a transmutation under California Family Code, § 852(a).
Estate of Bibb, 67 Cal.App.4th 461 (2001); 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:484 at 8-192 – 8-193. In any event, the
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parties do not dispute the property is community property. Marriage of Carpenter, 100 Cal.App.4th 424 (2002); 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:448 at 8-163 – 8-164. Thus, Glenn Tidwell is entitled to reimbursement of the value of the property at the time of the transfer as separate property, but the post-martial appreciation is apportioned between separate and community property contributions under the Moore/Marsden formula because this was the marital residence. 2 Hogoboom and King, California Practice Guide: Family Law, ¶ 8:295 et seq. at 8-113 – 8-124, citing Marriage of Moore, 28 Cal.3d 366 (1980) and Marriage of Marsden, 130 Cal.App.3d 426 (1982). When he transferred it to the trust, the fair market value of the property was $257,000, and it is now worth $900,000. Glenn Tidwell is entitled to first $257,000 for premarital appreciation. Then the balance of the appreciation is to be allocated under Moore/Marsden between contributions of separate property and community property to principal. The court does not have enough information to determine the value of the parties’ separate and community interests in the property because there is not enough information in the record as to what funds were used to acquire the property in light of the refinancing of the property during marriage.
Retirement account
Glenn Tidwell declares that the retirement account was opened and funded 12 years before marriage and has not "significantly" added to it during marriage. Debtor does not dispute this or show that there are community property contributions to this account. The account is his separate property.
Miscellaneous assets
Glenn Tidwell declares that certain vehicles were inherited by him before marriage. Debtor does not dispute this. These vehicles are his separate property.
More information as indicated herein is needed for the court to determine the
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reasonableness of the settlement. The parties should be prepared to discuss how this information will be made part of the record. Appearances are required on 2/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has concerns about the sufficiency of the record in order for the court to grant the motion to approve compromise under the applicable fair and equitable standard set forth in In re A & C Properties, 784 F.2d 1377 (9th Cir. 1986). Debtor objects to the compromise on grounds that it is not reasonable because it undervalues the estate's interests in community property of her and her former spouse and that : (1) the former spouse must agree to pay his one-half share of community credit card debt of $17,195.75, or $8,597.88; (2) the estate is entitled to half of the appreciation on the family residence of $568,000, or
$284,000; (3) the estate is entitled to one-half of the Phelan property of
$250,000, or $300,000; and (4) the estate is entitled to one-half of the former spouse's client trust account of $50,000, or $25,000.
As to debtor's first objection as to allocation of community credit card debt, the former spouse's liability for the credit card debt is really a matter for the family law court rather than this court since he is not the debtor in this bankruptcy case, and the court does not have jurisdiction to impose such liability on him. As to considerations of fairness of the compromise regarding the credit card debt, that is really for the family law court to decide.
As to the dispute regarding the computation of the debtor's community property interest in the family residence, there is insufficient information and explanation of the computation offered by the former spouse and relied upon by trustee. The explanation in the former spouse's trial brief filed in the family law court is conclusory and not substantiated by evidence or citation to case authority, so it is difficult for the court to analyze the merits of the justification offered by the trustee to compromise the value of the estate's interest in this property (i.e., what is the valuation of the property now - it is unclear if the parties agree on valuation since the former spouse looks to the value of the property and debtor looks to the value of appreciation, but there is no appraisal or valuation opinion by an appraiser or real estate professional for the current value of the property, how do we know how to allocate the appreciation of the property between separate property and community
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property after the transfer to the living trust).
As to the dispute over the Phelan property, debtor claims that the property is worth $300,000, but it is unclear that this is the value of the entire property as opposed to the 1/6 interest of her and her former spouse. The former spouse contends that the estate has no value in this asset because he owned the property before marriage and there was no transmutation in the transfer to the living trust. There is no appraisal or valuation opinion by an appraiser or real estate professional for the current value of the property, and there is no copy of the living trust instrument to see how the property was characterized when it was transferred to the trust.
As to the former spouse's client trust accounts, it may be that debtor means the retirement accounts, which he proposes to be allocated between the "time rule." However, if debtor really meant the client trust accounts, there is no explanation that the estate or the former spouse has any interest in funds presumably on deposit for the benefit of his clients in the client trust account.
As to the proposed 100% payoff of creditor claims if the settlement is approved as demonstrating the paramount interest of creditors under A & C Properties, but in a surplus situation like this, it would seem to the court that the fairness and equity of the settlement under FRBP 9019 should also take in consideration the impact on the debtor's interest. Trustee should be prepared to address this concern with appropriate case authority.
Debtor provided a judge's copy of the opposition which does not separately tabbed the exhibits as required by LBR 5005-2(d), and while the court has read the opposition, the court will not consider the exhibits until debtor provides a compliant copy of the opposition with separately tabbed exhibits. Appearances are required on 1/16/18.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
3:00 PM
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
10:30 AM
Docket 263
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
fr. 11/29/17, 12/14/17, 1/9/18
Docket 223
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
Docket 1
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Docket 1
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
10:30 AM
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Docket 1
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits.
10:30 AM
Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
10:30 AM
Docket 314
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 11/29/17, 12/14/17, 1/9/18
Docket 1
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
11:00 AM
Docket 217
Approve final fee application of attorney for debtor-in-possession for reasons stated in the fee application and for lack of timely written objection with the understanding that the fees are capped at $50,000 as stated in the notice of hearing and paragraph 14 of the application and that the expenses of
$1,039.00 are approved. Appearances are optional on 2/27/18, but applicant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 479
Updated tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances
11:00 AM
are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 12/13/17, 12/20/17, 1/24/18
Docket 482
Updated tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits.
11:00 AM
Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but
11:00 AM
counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on
11:00 AM
10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at
11:00 AM
11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
11:00 AM
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 51
Updated tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No tentative ruling as of 5/26/17. Appearances are required on 5/31/17.
Prior tentative ruling. Because the only votes on the plan were received after the deadline set by the court's balloting deadline of 3/22/17 in the court's order filed and entered on 2/15/17, none of the votes may be counted under the order and FRBP 3017(c) and 3018(a). Because none of the votes cast were timely in order to be counted under the court's deadline order, debtor has not shown that there is at least one impaired class of claims accepting the plan as required for confirmation under 11 U.S.C. 1129(a)(10), so the plan may not be confirmed. Thus, the court is inclined to deny confirmation, but the court would consider a request by debtor to seek relief by motion under FRBP 9006(b)(1) to enlarge the time to cast votes as to the late cast votes based on a sufficient showing of "excusable neglect". See In re Paul, 101
B.R. 228 (Bankr. S.D. Cal. 1989). Appearances are required on 5/3/17.
Debtor(s):
Kristine Lynn Heicke Represented By
11:00 AM
Daniel King Kevin Tang
11:00 AM
Docket 1
Updated tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
Docket 1
Updated tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:30 AM
Docket 1
Updated tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
1:30 PM
Docket 55
Grant debtors' motion for summary judgment for reasons stated in the moving papers and the lack of timely written opposition as required by LBR 7056-1(c) since creditor did not file a statement of genuine issues. Debtors will need to upload their statement of uncontroverted facts and conclusions of law for the court to review and approve. Regarding the proposed order, debtors will need to explain why the language requiring creditor to release the lien is required rather than them just recording a copy of an entered order avoiding the lien since the lien is "avoided" as opposed to "released." Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
George Kontogeorgis Represented By
George C Panagiotou Robert G Uriarte
Joint Debtor(s):
Sandra Carolina Sanchez Represented By
George C Panagiotou
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 40
Updated tentative ruling as of 2/26/18. See tentative ruling on matter number 17.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the moving and opposing papers raise material issues of fact regarding debtors' entitlement to the claimed exemption of $175,000 and the valuation of the subject property that requires an evidentiary hearing. Debtors bear the burden of proving entitlement to the claimed homestead exemption of
$175,000 under California law. In re Diaz, 547 B.R. 329, 336-337 (9th Cir. BAP 2016). The court rejects debtors' argument that the lienholder cannot now dispute the exemption since FRBP 4003(d) expressly provides that it may challenge the validity of the exemption asserted in a motion under 11
U.S.C. 522(f) to be impaired by the lien. Treat the hearing on 12/6/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/6/17, and the parties may not call their witnesses to testify on 12/6/17. The court estimates that the evidentiary hearing will take one-half day and will schedule it for either January or February 2018. If either party believes that there are no genuine issues of material fact and it is entitled to judgment as a matter of law, it may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
George Kontogeorgis Represented By
George C Panagiotou
1:30 PM
Robert G Uriarte
Joint Debtor(s):
Sandra Carolina Sanchez Represented By
George C Panagiotou
Trustee(s):
Sam S Leslie (TR) Pro Se
9:00 AM
fr. 12/6/17
Docket 213
Updated tentative ruling as of 2/28/18. Off calendar. Continued by stipulation and order to 4/12/18 at 9:00 a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 2/26/18. The court first notes that the parties submitted unilateral pretrial stipulations with counsel declarations as to the circumstances why the pretrial stipulations are unilateral. Aside from the issue of the declaration of counsel for debtor is not properly subscribed under 28 U.S.C. 1746(1) outside the United States requiring the language, "under the laws of the United States of America" as part of the jurat, the court disregards the unilateral pretrial stipulations because the court did not order that pretrial stipulations be filed, only witness and exhibit lists of the parties.
It seems that movant will be able to show at trial that debtor is in material default of the confirmed plan because it is now the assignee of the note and trust deed by the original noteholder, Bank of America, at the time of plan confirmation and that not all the plan payments on the claim have been made. Thus, there are probably grounds at least under 11 U.S.C. 1112(b)(4)(N) to establish cause to dismiss or convert. The court would have to consider what would be in the best interests of creditors and the estate to dismiss or convert once cause is shown. In re Sullivan, 522 B.R. 604 (9th Cir. BAP 2014).
Thus, in this regard, the court would have to consider the interests of all creditors and the estate, and not just movant.
Perhaps movant may want to reconsider asking for dismissal here because dismissal is not going to get movant where it wants to go, i.e., revocation of the confirmed plan to restore its prebankruptcy rights, as argued in its trial brief at 22. The cases movant cites, In re Nash, 765 F.2d 1410 (9th Cir.
9:00 AM
1985) and In re Case, 27 B.R. 844 (Bankr. D.S.D. 1983), are completely inapposite since those were Chapter 13 cases, citing 11 U.S.C. 1307(b) and a Chapter 13 debtor's right of voluntary dismissal under that provision. In contrast, this is a Chapter 11 case where a debtor has no right of voluntary dismissal, and there is only one statute that provides for revocation of a confirmed plan, 11 U.S.C. 1144. Mere payment default is not enough to revoke a confirmed plan, but only if plan confirmation was procured by fraud as shown in an adversary proceeding commenced within 180 days of the entry of the plan confirmation order. 11 U.S.C. 1144; see also, 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 11:2305-11:2315 at 11-278 - 11-279 (2017). The statute cited by movant, 11 U.S.C. 349, does not support its position since the statutory language does not revoke the plan. Id.
The parties are still bound by the plan, even if the Chapter 11 case is dismissed, since the plan has res judicata effect and the court lacks authority to vacate plan provisions which modify or cram down movant's lien. See 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 5:1962 at 5(II)-27 and 11:2294 at 11-278, citing cases. The plan would be still enforceable as a state law contract, and dismissal of the case would mean that the court would not have jurisdiction to enforce the contract and the parties would probably have to go to state court to enforce their rights under the plan contract. Thus, in light of the applicable law as discussed herein, perhaps movant may want to consider taking up the suggestion of counsel for debtor to meet and confer and "work it out." The court would consider a short stipulated continuance of trial for counsel to consider these points and/or discuss a consensual resolution of the matter.
Appearances are required on 3/1/18.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact regarding debtor's performance under the confirmed plan and creditor's standing to be resolved in an evidentiary
9:00 AM
hearing. Treat the hearing on 12/6/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/6/17, and the parties may not call their witnesses to testify on 12/6/17. The court estimates that the evidentiary hearing will take one day and will schedule it for either January or February 2018. If either party believes that there are no genuine issues of material fact and it is entitled to judgment as a matter of law, it may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
9:00 AM
Docket 1
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on 12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
9:00 AM
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
9:00 AM
fr. 12/13/17
Docket 140
Updated tentative ruling as of 2/26/18. Off calendar. By prior order, evidentiary hearing vacated and status conference set for 4/24/18 at 1:30
p.m. No appearances are required on 3/2/18.
Prior tentative ruling. Overrule debtor's objection to the claim of Law Offices of Marilyn Smith without prejudice because debtor did not include a copy of the proof of claim in the moving papers and list the number of the proof of claim as required by Local Bankruptcy Rule 3007-1(c)(2) and (a)(2), and because there is no proof of service of the objection (only the notice of objection). The court does not reach the merits of the objection or opposition to the objection until debtor remedies the procedural deficiencies of his objection. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 2962
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for relief under 11 U.S.C. 362(d)(2) because movant's equity analysis shows positive value for equity and this provision is not really applicable since movant apparently is successor-in- interest on note and trust deed to debtor. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
People's Choice Home Loan, Inc. Represented By
Jeffrey W Dulberg James KT Hunter Jeremy V Richards Robert M Saunders Justin E Rawlins
10:30 AM
Movant(s):
Eric E Sagerman David L Wilson Jason Harbour Daniel I Barness
U.S. Bank National Association, as Represented By
Todd S Garan
10:30 AM
(JPMorgan Chase Bank, National Association VS Debtor) Property re: 445 S. Mansfield Ave., Los Angeles, CA 90036
Docket 474
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny requests for extraordinary relief in paragraphs 8, 10, 11 and 12 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(JPMorgan Chase Bank National Association VS Debtor) Property re: 11039 Wrightwood Place, Los Angeles, CA 91604
Docket 469
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
10:30 AM
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 472
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling on request for relief under 11
U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr. C.D. Cal. 2012). The 14- day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 3/6/18, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 19
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Fatima Huembes Represented By Francis Guilardi
Movant(s):
Capital One Auto Finance, a Represented By Bret D. Allen
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Rochelle Patricia Lieff Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 20
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lympa Salvador Represented By Nancy Hanna
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 10
Updated tentative ruling as of 3/5/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Service on debtor pursuant to LBR 4001-1(c)(1)(C)(i) as indicated on the proof of service of the motion is deficient since the address listed for her is "34 Magnolia #12, Long Beach, CA 90802" and not "345 Magnolia #12, Long Beach, CA 90802" which is her address of record as reflected on the case docket. Movant should re-serve debtor, and the hearing should be continued for proper service. Appearances are required on 2/6/18.
Debtor(s):
Brenda Kay Bailey Represented By Daniel King
10:30 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
fr. 2/27/18
Docket 9
Updated tentative ruling as of 3/5/18. Local Bankruptcy Rules 4001-1(c)(1)
(A) and 9013-1(d) require service of notice of hearing relating to a residential unlawful detainer stay relief motion on the debtor and debtor's attorney, if any, and the proof of service of the notice of continued hearing indicates only notice to debtor's attorney and not to debtor. Movant will have to give notice to debtor and debtor's attorney of a further continuance. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. It appears that movant has asked for a hearing on shortened notice under LBR 9075-1 without filing an application fo hearing on shortened notice. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Brett Clark Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 7
Updated tentative ruling as of 3/5/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant has not submitted admissible evidence of standing to seek stay relief since it is not clear what Exhibit B is since it is not an authenticated certificate of title from a governmental agency, such as DMV. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Josefina Villanueva Maniago Represented By David H Chung
Movant(s):
Toyota Motor Credit Corporation Represented By
10:30 AM
Trustee(s):
Austin P Nagel
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:17-01264 Avery v. Pinon
(3) recovery of property; (4) declaratory relief; and (5) disallowance of claim fr. 7/11/17, 8/15/17, 1/30/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Defendant(s):
Crystal Jaimez Pinon Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
1:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
fr. 10/24/17, 11/28/17, 1/9/18
Docket 1
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed defendant's status report, but notes that plaintiff was not part of the status report.
Defendant untimely served his answer, but default had not yet been entered. Plaintiff to address whether it objects to the filing of the answer and defendant defending in this matter since plaintiff indicated at the status conference on 7/25/17 that it intended to resubmit a request for entry of default.
Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Debtor(s):
Jay Yoon Represented By
Young K Chang
1:30 PM
Defendant(s):
Jay Yoon Pro Se
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Docket 35
Grant motion of alleged debtor to dismiss because petitioning creditor has not met his burden of proving that no bona fide dispute exists as to the debt he claims is owed to him by debtor under 11 U.S.C. 303(b)(1). In re Vortex Fishing Systems, Inc., 277 F.3d 1057, 1064 (9th Cir. 2002). His evidence consists of copies of proof of payment of alleged obligations without substantiating that alleged debtor has a contractual or legal obligation to repay or reimburse him. There is no showing of proof of any obligation jointly owed by him or alleged debtor for which he allegedly advanced payment.
There are only his requests for reimbursement, and nothing from parties to whom he and alleged debtor were allegedly obligated, including the County Tax Assessor, the secured lender or its servicer.
Moreover, petitioning creditor has not even made a prima facie showing that the alleged debtor is generally not paying her debts as they become due under 11 U.S.C. 303(h). A finding that a debtor is generally not paying its debts requires a more general showing of the debtor's financial condition and debt structure than merly establishing the existence of a few unpaid debts. In re Vortex Fishing Systems, Inc., 277 F.3d at 1072. Here, the petition only alleges that alleged debtor is delinquent in paying the property taxes for her residence, but an exhibit attached to the petition shows that alleged debtor is current on her property taxes, not to mention that this is a single previously unpaid debt and not any general showing of her financial condition and debt structure.
Appearances are required on 3//6/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
2:30 PM
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:30 PM
Docket 1
Updated tentative ruling as of 3/5/18. See tentative ruling for matter number 11.
Prior tentative ruling as of 2/12/18. Off calendar. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of the alleged debtor to dismiss petitioning creditor's amended involuntary petition on 3/6/18 at 2:30 p.m., which may have an impact on scheduling in this case. Therefore, the court on its own motion continues the status conference to 2/27/18 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss the amended petition. No appearances are required on 2/13/18.
Revised tentative ruling as of 12/11/17. Off calendar. The court determines that oral argument on the motion to dismiss is not necessary, dispenses with it, takes the motion under submission, vacates the hearing and status conference, and is entering a decision and an order on the motion. No appearances are required on 12/12/17.
Prior tentative ruling. The court has reviewed the joint status report and on its own motion continues the status conference to 12/12/17 at 3:30 p.m. to be conducted with the hearing on alleged debtor's motion to dismiss. No appearances are required on 11/28/17.
Debtor(s):
Reyna Maria Taylor Pro Se
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/28/17, 1/23/18
Docket 225
Off calendar. Continued to 3/7/18 at 11:30 a.m. by prior order. No appearances are required on 3/6/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney
ACE MUSEUM, a California Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
3:00 PM
Douglas Chrismas Represented By Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/14/17, 11/28/17, 1/23/18
Docket 218
Updated tentative ruling as of 3/5/18. Off calendar. Continued to 3/7/18 at 11:30 a.m. by prior order. No appearances are required on 3/6/18.
Prior tentative ruling as of 11/27/17. Appearances are required on 11/28/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Jennifer Kellen Represented By
Jerome Bennett Friedman
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
ACE MUSEUM, a California Represented By
3:00 PM
Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Plaintiff(s):
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Civ. P. 65 and Fed. R. Bankr. P. 7065 against defendant 400 S. La Brea, LLC fr. 11/14/17, 11/28/17, 1/23/18
Docket 215
Updated tentative ruling as of 3/5/18. Off calendar. Continued to 3/7/18 at 11:30 a.m. by prior order. No appearances are required on 3/6/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17 to discuss scheduling of the evidentiary hearing on the motion, but counsel may appear by telephone.
Prior tentative ruling. The court intends to set an evidentiary hearing on plaintiff’s motion for preliminary injunction and will treat the hearing as a status conference to discuss scheduling. As the party seeking preliminary injunctive relief, plaintiff has the burden of persuasion for such relief, and "[b]ecause a preliminary injunction is an extraordinary remedy, courts require the movant to carry its burden of persuasion by a " ‘clear showing.’" 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶¶ 13:159 and 13:159.1 at 13-87 (Ninth Circuit and California edition 2017), citing, West Point-Pepperill, Inc. v. Donovan, 689 F.2d 950, 956 (11th Cir. 1982); Mazurek v. Armstrong, 520 U.S. 968, 972
(1997); and Towery v. Brewer, 672 F.3d 650, 657 (9th Cir. 2012). The court is of the opinion that it should conduct an evidentiary hearing and take live testimony in this case because "[i]t may be an abuse of discretion to refuse live testimony where facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should issue." 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163 at 13-87 – 13-88, citing, McDonald’s
3:00 PM
Corp. v. Robertson, 147 F.3d 1301, 1312 (11th Cir. 1998); Charette v. Town of Oyster Bay, 159 F.3d 749, 755 (2nd Cir. 1998); Cobell v. Norton, 391 F.3d 251, 261 (D.C. Cir. 2004)("circumstances and interests at stake" determine whether abbreviated or more extensive evidentiary hearing required). The amounts at issue (approximately $4.9 million in unauthorized payments of debtor’s funds claimed by plaintiff to have been made to defendant 400 S. LaBrea, LLC), the severity of the restrictions on alienation of the subject property and use of revenue derived therefrom proposed in plaintiff’s motion and the factual allegations of the parties are bitterly contested all indicate "circumstances and interests at stake" that the court should conduct an evidentiary hearing on the motion. Id.; see also, 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163.1 at 13-88, citing inter alia, Aguirre
v. Chula Vista Sanitary Service & Sani-Tainer, Inc., 542 F.2d 779, 781 (9th Cir. 1976).
The factual and legal issues contested on the motion center on the applicability of the Ninth Circuit’s recent decision and opinions in Matter of Walldesign, Inc., 872 F.3d 954, 963 (9th Cir. 2017) regarding the reiteration of the adoption of the so-called "dominion" test to determine whether a transferee is an "initial" or "intermediate or mediate" transferee under 11
U.S.C. § 550(a)(1) or (2). As the majority stated in Walldesign, "[u]nder the dominion test, "a transferee is one who ... has dominion over the money or other asset,"—in other words, one with "the right to put the money to one's own purposes." 872 F.3d at 963, citing, In re Mortgage Store, Inc., 773 F.3d 990, 995 (9th Cir. 2014), quoting, In re Incomnet, Inc., 463 F.3d 1064, 1070 (9th Cir. 2006). The Walldesign majority further stated: "The ‘key[s]’ to this test are "‘whether the recipient of funds has legal title to them’ and whether the recipient has ‘the ability to use [the funds] as he sees fit.’" Id., quoting, In re Incomnet, Inc., 463 F.3d at 1071. The majority further stated: "We further explained that, "an individual will have dominion over a transfer if, for example, he is ‘free to invest the whole [amount] in lottery tickets or uranium stocks’" and "The first party to establish dominion over the funds after they leave the transferor is the initial transferee; other transferees are subsequent transferees." Id.,
3:00 PM
quoting, In re Bonded Financial Services, Inc. v. European American Bank, 838 F.2d 890, 894 (7th Cir. 1988) (citations omitted). The parties dispute whether the evidence offered by plaintiff "clearly shows" that defendant 400 S. LaBrea, LLC is the initial transferee of the funds of debtor paid on behalf of defendant Ace Museum as rent (i.e., whether the funds transferred by debtor to Ace Museum through loans or otherwise gave Ace Museum dominion over the funds, and whether such loan is now cancelled through a settlement, either of these circumstances would show that Ace Museum was the initial transferee and 400 S. LaBrea, LLC as the mediate or intermediate transferee, and whether as a mediate or intermediate transferee, 400 S. LaBrea, LLC, received the transfers in good faith and for value).
Moreover, the parties dispute whether the evidence "clearly shows" whether "it is fair to view [400 LaBrea, LLC] as the initial transferee[ ] since [it] ‘receive[d] funds directly from [the] debtor, and thus, [its] ‘capacity [and burden] to monitor . . . [were] at [their] greatest." In re Walldesign, Inc., 872 F.3d at 968, quoting, In re Video Depot, Ltd., 127 F.3d 1195, 1199 (9th Cir. 1997). This passage from the majority opinion in Walldesign suggests that whether a transferee had "indications" of irregularities in the subject transfers is relevant to the inquiry of whether a transferee is "initial" or "intermediate." The parties dispute whether defendant 400 S. LaBrea, LLC knew or had reason to know that the transfers were improper transfers from the debtor, thus indicating that an evidentiary hearing is needed to determine whether plaintiff has met his burden of persuasion clearly showing entitlement to relief.
An evidentiary hearing is also needed to determine the degree of irreparable harm to plaintiff and the prejudice to other parties, including 400 S. LaBrea, LLC, in that there are wide disparities in the positions of the parties as to the degree of harm which would be suffered if relief were or were not granted, and how the party adversely affected by the granting or denial of relief would be protected, such as a bond if relief were granted to protect 400 S. LaBrea, LLC, which asserts the need for a $4.8 million bond from plaintiff to protect it from potential damages from the relief sought.
3:00 PM
Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
3:00 PM
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/7/17, 11/28/17, 1/23/18
Docket 185
Updated tentative ruling as of 3/5/18. Off calendar. Continued to 3/7/18 at 11:30 a.m. by prior order. No appearances are required on 3/6/18.
Prior tnetative ruling. Deny plaintiff’s motion for partial summary judgment because there are genuine issues of material fact for trial raised by evidence before the court on the motion, i.e., defendants raise material issues of fact regarding the effect of the stipulation and term sheet between debtor, the committee, defendants Ace Museum and Douglas Chrismas, approved by order of the court in one of the consolidated adversary proceedings, for which there are reasonable, but conflicting, inferences on how to construe these documents as to whether the museum's loan by debtor was satisfied pursuant to the stipulation, term sheet and performance thereon. The court determines that it is not appropriate for it to resolve these conflicting inferences by granting plaintiff declaratory relief to vacate the stipulation and order thereon based on its reply or by the court sua sponte. Although the court could conceivably grant such relief for relief from judgment or order, the court strongly believes that such relief should be considered through the adversary process where all interested parties may respond and be heard, and to this end, if plaintiff seeks such relief, it may make an appropriate motion with notice and opportunity to be heard by the affected parties. The court need not reach the merits of defendants’ objections to the Declaration of Timothy
3:00 PM
Kincaid, though there appears to be serious foundational problems with some of the assertions in the declaration, which may or may not be remedied by amendment and supplementation. Appearances are required on 11/7/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
3:00 PM
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 11/14/17, 1/30/18, 1/23/18
Docket 1
Updated tentative ruling as of 3/5/18. Off calendar. Continued to 3/7/18 at 11:30 a.m. by prior order. No appearances are required on 3/6/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
3:00 PM
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
fr. 1/24/18, 2/7/18
Docket 118
Off calendar. The court has issued a written order determining that oral argument on the motion is unnecessary, dispensing with it, vacating the hearing and ruling on the papers that the motion is a contested matter presenting disputed and material factual issues requiring an evidentiary hearing and setting a status conference for 4/10/18 at 2:00 p.m. No appearances are required on 3/7/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
11:00 AM
fr. 9/27/17, 11/29/17, 2/7/18
Docket 115
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed factual issues that requires an evidentiary hearing. Parties should be prepared to discuss their discovery needs and scheduling of pretrial and trial proceedings. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
11:00 AM
fr. 12/13/17, 2/7/18
Docket 390
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on
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12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 12/13/17, 2/7/18
Docket 394
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 372
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
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Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 9/27/17, 11/29/17, 2/7/18
Docket 1
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by
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telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
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Adv#: 2:16-01331 Magleby v. Magleby
fr. 9/27/17, 11/29/17, 2/7/18
Docket 1
Updated tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
No tentative ruling as of 11/14/16. Appearances are required on 11/16/16, but counsel may appear by telephone.
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Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Curtis C. Magleby Pro Se
Plaintiff(s):
Cindy Magleby Represented By Michael J Conway
11:00 AM
Docket 1
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
No tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 17
Updated tentative ruling as of 3/6/18. As to the 149 W. Hillcrest Blvd., Inglewood, CA property, the motion is resolved by stipulation as between Debtor and Creditor Wells Fargo Bank and should otherwise be granted for the reasons stated in the moving papers and for lack of timely opposition.
As to the 4935 Indian Wood Road $#443, Culver City, CA property, Debtor needs to address the opposition of Creditor Bank of America that its cash collateral should be segregated, the operation of the property generates a negative budget with no explanation of how the shortfall will be covered, the proposed budget for use of cash collateral of this Creditor has items that are not sufficiently justified, such as property management expenses and "other" expenses. No tentative ruling otherwise on the motion.
Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/28/17, 1/23/18, 3/6/18
Docket 225
Grant plaintiff's motion to dismiss the second amended cross-complaint as to plaintiff and Debtor's estate which is not moot due to service of third amended cross-complaint because the second amended cross- complaint is not as of right because it was filed late
A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. FRCP 15(a)(1). In all other cases, a party may amend its pleadings only with the opposing party’s written consent or the court’s leave. FRCP 15 (a)(2). Rule 15 does not prescribe any particular sequence for the exercise of its provisions. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1007 (9th Cir. 2015).
Per the court’s order entered on 9/20/17 (dkt #184), 400 S. La Brea was required to file its second amended cross-complaint by 10/13/17. 400 S. La Brea filed its 2nd amended cross-complaint one day late, on 10/14/17.
Procedurally, the court can dismiss the late filed second amended Cross- complaint as untimely because 400 S. La Brea did not seek leave to amend from this court or Plan Agent’s written consent, as required by Rule 15(a)(2). Moreover, the second amended cross-complaint does not qualify as an amendment as a matter of course because it was not timely filed. The
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second amended cross-complaint was filed on 10/14/17. The first amended cross-complaint was filed and served on 7/6/17. Therefore, the second amended cross-complaint was not filed within 21 days after serving the first amended cross-complaint. See FRCP 15(a)(1)(A). The motion to dismiss the first amended cross-complaint was served on 7/17/17. Therefore, the 10/14/17 filing date is not within 21 days of a responsive pleading or a 12(b) motion. See FRCP 15(a)(1)(B).
3rd Amended Cross-Complaint
400 S. La Brea did not file an opposition to plaintiff's motion to dismiss the third amended cross-complaint, instead it filed a 3rd Amended Cross- complaint and a Response. 400 S. La Brea argues it was allowed to amend the cross-complaint once as a matter of course per FRCP 15(a)(1). 400 S. La Brea’s 3rd amended cross-complaint could have met the amendment requirements of FRCP 15(a)(1), assuming the second amended cross- complaint was properly filed, but it were not. Therefore, the court can deem the third amended cross-complaint a nullity.
Grant motion to dismiss second amended cross-complaint under FRCP 12(b)(6)
Breach of contract (1st Crossclaim)
400 S. La Brea seeks breach of contract based on the lease it entered with Ace Museum (and Douglas Chrismas). There are no allegations in the crossclaims that 400 S. La Brea entered a lease with Plan Agent or Debtor. In fact, Plan Agent and Debtor were never parties to the lease. A nonparty to a contract cannot be held liable for breach of contract. Tri-Continent Int’l Corp. v. Paris Savings & Loan Ass’n, 12 Cal.App. 4th 1354, 1359 (1993).
There was no express written assumption of the lease, as requiredd by Section 12.2(a) of the lease. No express written assumption was alleged by 400 S. La Brea.
Declaratory Relief (2nd Crossclaim)/Piercing the Corporate Veil and Alter Ego (3rd Crossclaim)
The third amended cross-complaint fails to allege any specific facts to support its declaratory relief and alter ego claims against Debtor and Debtor's
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estate. Debtor’s bad acts may not be imputed to the professional (acting as a representative of Debtor) and therefore may not be imputed against Debtor’s bankruptcy estate, as a defense or counterclaim to an avoidance action.
McNamara v. PFS (In re Personal & Bus.Ins. Agency), 334 F.3d 239, 246-247 (3rd Cir. 2003). In any event, it appears to the court that these claims are really defenses to plaintiff's claims rather affirmative claims in themselves.
Fraud and Intentional Misrepresentation (4th Crossclaim)/Negligent Misrepresentation (5th Crossclaim)
400 S. La Brea’s misrepresentation claims do not mention any specific damages that it suffered. In order to recover for any tort, the plaintiff must plead and prove the "detriment proximately caused" by the defendant’s tortious conduct. Leegin Creeative Leather Products, Inv. v. Diaz, 131 Cal.App.4th 1517, 1525 (2005) citing California Civil Code §3333. In the instant case, 400 S. La Brea has not alleged facts to support specific tortious conduct by Plan Agent or Debtor.
Unjust enrichment (6th Crossclaim)
There is no unjust enrichment when federal bankruptcy law provides for the recovery and distribution of funds to an estate’s creditors. Ades & Berg Group Investors v. Breeden (In re Ades & Berg Group Inverstors), 550 F.3d 240, 245 (2nd Cir. 2008). See also Siegel v. FDIC (In re IndyMac Bancorp Inc.), 2012 Bankr.LEXIS 1462, *86-87 (March 29, 2012) (Judge Bluebond) (application of bankruptcy law does not create an unjust enrichment at the expense of one party).
Breach of Covenant of Good Faith and Fair Dealing (7th Crossclaim)
400 S. La Brea alleges Debtor had a duty of good faith and fair dealing under the lease. Again, Debtor was not a party to the lease with 400 S. La Brea. Under California law, only the parties who owe a duty of good faith and fair dealing under a contract or lease are parties to that contract or lease.
Minnesota Mut. Life Ins. Co. v. Ensley, 174 F.3d 977, 981 (9th Cir. 1999).
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Trespass (8th Crossclaim)
There was no provision in the lease that prevented Ace Museum from using part of the premises to store property belonging to a third party (Debtor). Where the lease provides the lessee with quiet enjoyment of the premises, consent is the lessee’s to give, not the lessor’s. Lucky Auto Supply
v. Turner, 244 Cal.App.2d 872, 878 (1996) (sustaining lessee’s trespass claim against lessor where lessee had not given consent for lessor to enter the land).
Recoupment (9th Crossclaim)
The Plan Agent’s claims against 400 S. La Brea are based on the unauthorized diversion of property of the estate. La Brea seeks recoupment based on the lease, to which Debtor and Plan Agent are not parties. In order to assert a claim for recoupment, the parties must have "mutual claims" arising from the same transactions. Aetna U.S. Healthcare, Inc. v. Madigan (In re Madigan), 270 B.R. 749, 754 (9th Cir. BAP 2001). Only Ace Museum was obligated to pay the rent. A claim for recoupment cannot be based on an alleged liability of a third party. Barber v. Riverside Int’l Trucks, Inc. (In re Pearson Indus., Inc.), 142 B.R. 831, 849 (Bankr. C.D. Ill. 1992)("because the doctrine of recoupment must involve reciprocal claims, ‘triangular’ set-offs are precluded.").
Grant motion to dismiss second amended cross-complaint as to plaintiff and Debtor's estate without leave to amend since 400 S. LaBrea has had opportunities in three separate complaints to plead a cross-claim upon which relief can be granted as to these parties and has not been able to do so.
Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. Appearances are required on 11/28/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
11:30 AM
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
11:30 AM
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/14/17, 11/28/17, 1/23/18, 3/6/18
Docket 218
Updated tentative ruling as of 3/5/18. Grant plaintiff's amended motion to compel production of documents as amended in his reply at page 8. The court agrees with plaintiff that the motion is procedurally proper pursuant to FRBP 9016 and FRCP 45(d)(2) since respondent made an objection to the subpoena. In re Plise, 506 B.R. 870, 878-879 (9th Cir. BAP 2014). The court also agrees with plaintiff that enforcement of a subpoena does not require a "meet and confer" process. Local Bankruptcy Rules 7026-1(a), (b), (c)(1) and
(5) and 9020-1 (prefiling discovery dispute conference required in disputes under FRBP 7026-7037 and 2004, but not 9016); see also, 2 O'Connell and Stevenson, Rutter Group Federal Procedure Before Trial, Ninth Circuit Edition, paragraph 11:2316.1 at 11-375 - 11-376 (2017). Respondent has not shown that production of documents, particularly in electronic form, would be burdensome, which it has already done to defendant 400 S. LaBrea, and thus, respondent can just make another copy of the files for plaintiff, and the court rejects respondent's objection on this ground. Respondent has not otherwise shown that the costs of compliance would necessitate cost shifting on this record. Respondent must produce all nonprivileged documents responsive to the subpoena and must file a privilege log as to each and every document asserted to be privileged. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. Appearances are required on 11/28/17, but counsel may appear by telephone.
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Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
11:30 AM
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Civ. P. 65 and Fed. R. Bankr. P. 7065 against defendant 400 S. La Brea, LLC fr. 11/14/17, 11/28/17, 1/23/18, 3/6/18
Docket 215
No updated tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17 to discuss scheduling of the evidentiary hearing on the motion, but counsel may appear by telephone.
Prior tentative ruling. The court intends to set an evidentiary hearing on plaintiff’s motion for preliminary injunction and will treat the hearing as a status conference to discuss scheduling. As the party seeking preliminary injunctive relief, plaintiff has the burden of persuasion for such relief, and "[b]ecause a preliminary injunction is an extraordinary remedy, courts require the movant to carry its burden of persuasion by a " ‘clear showing.’" 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶¶ 13:159 and 13:159.1 at 13-87 (Ninth Circuit and California edition 2017), citing, West Point-Pepperill, Inc. v. Donovan, 689 F.2d 950, 956 (11th Cir. 1982); Mazurek v. Armstrong, 520 U.S. 968, 972
(1997); and Towery v. Brewer, 672 F.3d 650, 657 (9th Cir. 2012). The court is of the opinion that it should conduct an evidentiary hearing and take live testimony in this case because "[i]t may be an abuse of discretion to refuse live testimony where facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should issue." 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163 at 13-87 – 13-88, citing, McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1312 (11th Cir. 1998); Charette v.
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Town of Oyster Bay, 159 F.3d 749, 755 (2nd Cir. 1998); Cobell v. Norton, 391 F.3d 251, 261 (D.C. Cir. 2004)("circumstances and interests at stake" determine whether abbreviated or more extensive evidentiary hearing required). The amounts at issue (approximately $4.9 million in unauthorized payments of debtor’s funds claimed by plaintiff to have been made to defendant 400 S. LaBrea, LLC), the severity of the restrictions on alienation of the subject property and use of revenue derived therefrom proposed in plaintiff’s motion and the factual allegations of the parties are bitterly contested all indicate "circumstances and interests at stake" that the court should conduct an evidentiary hearing on the motion. Id.; see also, 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163.1 at 13-88, citing inter alia, Aguirre
v. Chula Vista Sanitary Service & Sani-Tainer, Inc., 542 F.2d 779, 781 (9th Cir. 1976).
The factual and legal issues contested on the motion center on the applicability of the Ninth Circuit’s recent decision and opinions in Matter of Walldesign, Inc., 872 F.3d 954, 963 (9th Cir. 2017) regarding the reiteration of the adoption of the so-called "dominion" test to determine whether a transferee is an "initial" or "intermediate or mediate" transferee under 11
U.S.C. § 550(a)(1) or (2). As the majority stated in Walldesign, "[u]nder the dominion test, "a transferee is one who ... has dominion over the money or other asset,"—in other words, one with "the right to put the money to one's own purposes." 872 F.3d at 963, citing, In re Mortgage Store, Inc., 773 F.3d 990, 995 (9th Cir. 2014), quoting, In re Incomnet, Inc., 463 F.3d 1064, 1070 (9th Cir. 2006). The Walldesign majority further stated: "The ‘key[s]’ to this test are "‘whether the recipient of funds has legal title to them’ and whether the recipient has ‘the ability to use [the funds] as he sees fit.’" Id., quoting, In re Incomnet, Inc., 463 F.3d at 1071. The majority further stated: "We further explained that, "an individual will have dominion over a transfer if, for example, he is ‘free to invest the whole [amount] in lottery tickets or uranium stocks’" and "The first party to establish dominion over the funds after they leave the transferor is the initial transferee; other transferees are subsequent transferees." Id., quoting, In re Bonded Financial Services, Inc. v. European American Bank,
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838 F.2d 890, 894 (7th Cir. 1988) (citations omitted). The parties dispute whether the evidence offered by plaintiff "clearly shows" that defendant 400 S. LaBrea, LLC is the initial transferee of the funds of debtor paid on behalf of defendant Ace Museum as rent (i.e., whether the funds transferred by debtor to Ace Museum through loans or otherwise gave Ace Museum dominion over the funds, and whether such loan is now cancelled through a settlement, either of these circumstances would show that Ace Museum was the initial transferee and 400 S. LaBrea, LLC as the mediate or intermediate transferee, and whether as a mediate or intermediate transferee, 400 S. LaBrea, LLC, received the transfers in good faith and for value).
Moreover, the parties dispute whether the evidence "clearly shows" whether "it is fair to view [400 LaBrea, LLC] as the initial transferee[ ] since [it] ‘receive[d] funds directly from [the] debtor, and thus, [its] ‘capacity [and burden] to monitor . . . [were] at [their] greatest." In re Walldesign, Inc., 872 F.3d at 968, quoting, In re Video Depot, Ltd., 127 F.3d 1195, 1199 (9th Cir. 1997). This passage from the majority opinion in Walldesign suggests that whether a transferee had "indications" of irregularities in the subject transfers is relevant to the inquiry of whether a transferee is "initial" or "intermediate." The parties dispute whether defendant 400 S. LaBrea, LLC knew or had reason to know that the transfers were improper transfers from the debtor, thus indicating that an evidentiary hearing is needed to determine whether plaintiff has met his burden of persuasion clearly showing entitlement to relief.
An evidentiary hearing is also needed to determine the degree of irreparable harm to plaintiff and the prejudice to other parties, including 400 S. LaBrea, LLC, in that there are wide disparities in the positions of the parties as to the degree of harm which would be suffered if relief were or were not granted, and how the party adversely affected by the granting or denial of relief would be protected, such as a bond if relief were granted to protect 400 S. LaBrea, LLC, which asserts the need for a $4.8 million bond from plaintiff to protect it from potential damages from the relief sought.
Appearances are required on 11/14/17, but counsel may appear by
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telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
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Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 11/7/17, 11/28/17, 1/23/18, 3/6/18
Docket 185
Revised tentative ruling as of 3/5/18. Deny plaintiff's motion for partial summary judgment in part and grant it in part as follows: as to plaintiff's request for summary judgment on its claims against defendant Ace Museum, the 30th, 31st, 32nd, 33rd and 34th claims for relief in the fourth amended complaint, because there are genuine issues of material fact for trial, and as to plaintiff's requests for summary adjudication of fact on these claims, deem as established facts for purposes of these claims (and not other claims and not as to parties other than plaintiff and Ace Museum) Uncontroverted Facts, Numbers 1-26, 28-30, 32, 33, 35-42. The court declines to grant the motion to deem as established facts, Numbers 43-91, due to foundational issues regarding the admissibility of testimony of Timothy Kincaid as identified in the evidentiary objections of defendant Ace Museum to the declaration of Timothy Kincaid and in the prior tentative ruling on this motion.
Although FRCP 56(g) refers to treating a fact not genuinely in dispute and treating that fact as "established in the case," the court declines to grant the motion to deem any established facts for the entire case as opposed to just the claims against defendant Ace Museum only in the 30th, 31st, 32nd, 33rd and 34th claims for relief because no notice was given to other parties that plaintiff sought to establish these facts for purposes of claims other than these and the evidence cited in plaintiff's statement of uncontroverted facts and conclusions of law does not establish these facts as to other parties and
11:30 AM
other claims.
Theoretically, the court could grant summary judgment for the nonmoving party if there are no factual issues, the opposing party is entitled to judgment as a matter of law and the moving party had notice and an adequate opportunity to address the issues. 2 O'Connell and Stevenson, Rutter Group Federal Civil Procedure Before Trial, California and Ninth Circuit Edition, paragraph 14:328 at 14-120 (2017), citing inter alia, FRCP 56(f) and Gospel Missions of America v. City of Los Angeles, 328 F.3d 548, 553 (9th Cir.
2003). However, it appears that there are genuine issues of material fact regarding the effect of the stipulation for settlement, whether it was obtained by fraud, and whether the reference to the promissory note was the original one, and that the court believes that the issues are best resolved at trial or defendant's own affirmative motion for summary judgment where the factual record can be better developed.
Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. Deny plaintiff’s motion for partial summary judgment because there are genuine issues of material fact for trial raised by evidence before the court on the motion, i.e., defendants raise material issues of fact regarding the effect of the stipulation and term sheet between debtor, the committee, defendants Ace Museum and Douglas Chrismas, approved by order of the court in one of the consolidated adversary proceedings, for which there are reasonable, but conflicting, inferences on how to construe these documents as to whether the museum's loan by debtor was satisfied pursuant to the stipulation, term sheet and performance thereon. The court determines that it is not appropriate for it to resolve these conflicting inferences by granting plaintiff declaratory relief to vacate the stipulation and order thereon based on its reply or by the court sua sponte. Although the court could conceivably grant such relief for relief from judgment or order, the court strongly believes that such relief should be considered through the adversary
11:30 AM
process where all interested parties may respond and be heard, and to this end, if plaintiff seeks such relief, it may make an appropriate motion with notice and opportunity to be heard by the affected parties. The court need not reach the merits of defendants’ objections to the Declaration of Timothy Kincaid, though there appears to be serious foundational problems with some of the assertions in the declaration, which may or may not be remedied by amendment and supplementation. Appearances are required on 11/7/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli
11:30 AM
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 11/14/17, 1/30/18, 1/23/18, 3/6/18,
Docket 1
Updated tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01446 Perske v. Larsen
Docket 1
Updated tentative ruling as of 3/5/18. No tentative ruling will be issued for trial. Appearances are required on 3/7/18.
Prior tentative ruling as of 2/8/18. No tentative ruling will be issued for trial. Appearances are required on 2/16/18.
Prior tentative ruling as of 1/25/18. No tentative ruling will be issued for trial. The court has been advised that defendant is not available to appear for further examination on 1/26/18, so his further examination will be rescheduled. Appearances are required on 1/26/18 to discuss procedural matters and scheduling of further trial proceedings.
Prior tentative ruling as of 1/18/18. No tentative ruling will be issued for trial. Appearances are required at the rescheduled time of 10:00 a.m.
No updated tentative ruling as of 10/31/17. Appearances are required on 11/9/17.
Prior tentative ruling as of 1/9/17. The court has reviewed plaintiff's unilateral status report. No updated tentative ruling on the merits. Appearances are required on 1/10/17.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 12/6/16.
1:30 PM
Debtor(s):
Jens Larsen Represented By
Steven L. Kimmel
Defendant(s):
Jens F Larsen Pro Se
Plaintiff(s):
Jacquelynn Perske Represented By Darrel C Menthe
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
9:00 AM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 117
No updated tentative ruling as of 3/5/18. Appearances are required on 3/8/18.
No tentative ruling as of 1/24/18. Appearances are required on 2/1/18.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
9:00 AM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 1
Updated tentative ruling as of 3/5/18. No tentative ruling will be issued for trial. Appearances are required on 3/8/18.
Prior tentative ruling as of 1/24/18. No tentative ruling will be issued for trial. Appearances are required on 2/1/18.
Prior tentative ruling as of 7/10/17. The court has reviewed the separate pretrial stipulations that the parties submitted, and it appears that pursuant to Local Bankruptcy Rule 7016-1(f) the court should impose sanctions of $250 against counsel and self-represented party each for their failure to jointly submit a pretrial stipulation without excuse as both are culpable in their noncompliance with the rule. Appearances are required on 7/11/17.
Prior tentative ruling. This matter will be heard on the 3:30 p.m. calendar with the hearing on defendant's motion to dismiss. Appearances are required at 3:30 p.m. rather than 1:30 p.m. No tentative ruling on the merits.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
9:00 AM
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 6
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
2:00 PM
Docket 7
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
2:00 PM
Docket 8
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
2:00 PM
Docket 10
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
10:30 AM
Docket 43
The motion is procedurally defective: (1) the unauthorized transfer of an interest of the property was from the borrowers to Grandview Financial, and it appears that the claim for relief under 11 U.S.C. 362(d)(4) should have been in Grandview's bankruptcy case rather than this debtor's bankruptcy case.
This debtor appears to have been given a lien interest in the property by Grandview rather than the borrowers. (2) service on the debtor is inadequate because the suite number is missing on the proof of service, which does not indicate proper service; (3) service on the original borrowers is inadequate because the street number is incomplete and inaccurate on the proof of service, which does not indicate proper service. Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Sharp Financial LLC Pro Se
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
10:30 AM
(US Bank Trust National Association VS Debtor)
Docket 177
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Movant has standing to seek stay relief because it has a colorable claim to enforce the trust deed as the substitute foreclosure trustee. In re Rozier, BAP No. CC-12-1359-KiPaD, 2013 WL 4428808 (9th Cir. BAP 2013), citing, California Civil Code Sections 2924 through 2924k and Debrunner v. Deutsche Bank National Trust Co., 204 Cal.App.4th 433, 440 (2012), affirmed, 623 Fed. Appx. 517 (9th Cir. 2015), citing inter alia, In re Griffin, 719 F.3d 1126, 1128 (9th Cir. 2013). In its reply, movant has submitted evidence that it is the current holder of the note based on endorsements of the note, and has shown that it has standing to enforce the note as the noteholder. In re Griffin, 719 F.3d 1126 (9th Cir. 2013).
No tentative ruling on request for relief under 11 U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr. C.D. Cal. 2012).
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009).
No tentative ruling on the request to waive the 14-day waiting period under FRBP 4001(a)(3).
Appearances are required on 3/20/18, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 10
Off calendar. Motion withdrawn by notice filed on 3/16/18. No appearances are required on 3/20/18.
Debtor(s):
Kelly Kathleen Davis Represented By John Asuncion
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Cathy Merrill Mejia Represented By Marvin Jarrett Mann
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
10:30 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Everton Watson Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 8
Off calendar. Motion withdrawn by notice filed on 3/12/18. No appearances are required on 3/20/18.
Debtor(s):
Joleatha Beavers Represented By Jennifer Ann Aragon
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 12
Movant has not provided sufficient evidence of standing to seek stay relief since the so-called certificate of title is not what it purports to be as a third party non-governmental report, and not a government issued certificate of title. The report lacks evidentiary foundation. FRE 602, 901 and 902.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Josue Herrera Represented By Patricia M Ashcraft
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 3 for lack of legal authority and/or evidentiary support. In re Van Ness, 399
B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Shivaun Michell McCloud Represented By Erika Luna
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Off calendar. Continued by stipulation and order to 5/8/18 at 1:30 p.m. No appearances are required on 3/20/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:17-01484 Avery v. Ouzounian et al
fr. 11/28/17, 12/19/17
Docket 1
Updated tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is settled. The parties will need to submit a dispositive stipulation and/or order resolving the adversary proceeding now that the matter is settled. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling. The court notes that the parties have not filed the joint status report required under LBR 7016-1 or that plaintiff has not filed a unilateral status report as required by the court's order setting initial status conference entered on 9/27/17, and intends to impose monetary sanctions of
$100 on counsel for trustee. Appearances are required on 11/28/17, but counsel may appear by telephone.
Debtor(s):
Izabel Ouzounian Represented By Sevag S Simonian
Defendant(s):
Izabel Ouzounian Pro Se
Rosine Ouzounian Pro Se
1:30 PM
Plaintiff(s):
Wesley H, Avery Represented By Adam Stevens
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
1:30 PM
Adv#: 2:18-01008 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report requesting a continuance of the status conference for about 60 days. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m, and has entered an order so continuing the status conference. A joint status report is due on 5/15/18. Plaintiff is to give written notice of continuance to defendant or its counsel. No appearances are required on 3/20/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, a Division of Pro Se
Entra Default Solutions, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01004 Global Capital Development, LLC v. Capital Marketing Advisors, LLC, a
Docket 1
Off calendar. Continued by stipulation and order to 5/22/18 at 1:30 p.m.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Capital Marketing Advisors, LLC Represented By
Robert J Spitz
Defendant(s):
Capital Marketing Advisors, LLC, a Pro Se Ernest R. Gonzales, an individual Pro Se
Does 1 to 50, inclusive Pro Se
Plaintiff(s):
Global Capital Development, LLC Represented By
Mark E Saltzman
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:16-01102 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
#13.00 Pretrial conference re: Complaint for (1) to Avoid and Recover Fraudulent or Avoidable Transfers; (2) for Imposition of Constructive Trust; (3) for Unjust Enrichment; (4) for Turnover; and (5) to Disallow Claims
fr. 4/25/17, 7/25/17, 10/24/17
Docket 1
Updated tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Raimon Mark Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01103 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
#14.00 Pretrial conference re: Complaint for (1) to Avoid and Recover Preferential Transfers; (2) for Imposition of Constructive Trust; (3) for Unjust Enrichment; (4) for Turnover; and (5) to Disallow Claims
fr. 4/25/17, 7/25/17, 10/24/17
Docket 1
Updated tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Michael Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01104 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 4/25/17, 7/25/17, 10/24/17
Docket 1
Updated tentative ruling as of 3/19/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Renato Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01105 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 4/25/17, 7/25/17, 10/24/17
Docket 1
Updated tentative ruling as of 3/19/18. the court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Felicidad Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01112 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 4/25/17, 7/25/17, 10/24/17
Docket 1
Updated tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. At the status conferences on related party matters on 5/3/16, counsel for the parties represented on the record that they were agreeable to the dates set in the related matters and would submit a stipulation and proposed scheduling order, which would incorporate the dates
2:00 PM
set in those other matters.
Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Appearances are optional on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Mariam Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Application for fees and expenses [Alfred H. Siegel, Chapter 7 Trustee]
Docket 92
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
John Bernard Christian Represented By John Morkos
Joint Debtor(s):
Teresa Marie Christian Represented By John Morkos
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:30 PM
[Levene, Neale, Bender, Yoo & Brill, LLP, Attorneys for Chapter 7 Trustee]
Docket 90
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
John Bernard Christian Represented By John Morkos
Joint Debtor(s):
Teresa Marie Christian Represented By John Morkos
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:30 PM
[Grobstein Teeple, LLP As Accountants for Chapter 7 Trustee]
Docket 91
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
John Bernard Christian Represented By John Morkos
Joint Debtor(s):
Teresa Marie Christian Represented By John Morkos
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:30 PM
Docket 145
No tentative ruling as of 3/19/18. Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Application for fees and expenses [Carolyn A. Dye, Chapter 7 Trustee]
Docket 52
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Elena Juarez Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 50
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Elena Juarez Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 50
Off calendar. The court on its own motion continues the hearing on the motion to 3/27/18 at 2:30 p.m. to be heard with plaintiff's motion to substitute party. No appearances are required on 3/20/18.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 54
Updated tentative ruling as of 3/19/18. Grant debtor's motion to authorize loan modification for the reasons stated in the moving papers and for lack of outstanding and timely opposition since the trustee has now filed a withdrawal of his opposition to the motion. Appearances are optional on 3/20/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 12/11/17. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 12/12/17.
No tentative ruling as of 8/21/17. Appearances are required on 8/22/17, but counsel may appear by telephone.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
fr. 8/29/17, 10/3/17, 1/9/18, 2/6/18
Docket 45
Updated tentative ruling as of 3/19/18. Off calendar. Application withdrawn by trustee. No appearances are necessary.
Prior tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
No updated tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
2:30 PM
Docket 47
Updated tentative ruling as of 3/19/18. Grant debtor's motion to compel abandonment for the reasons stated in the moving papers and for lack of outstanding and timely opposition since the trustee has now filed a withdrawal of his opposition to the motion. Appearances are optional on 3/20/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 2/5/18. Off calendar. Continued by stipulated motion and order to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/6/18 at 2:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/2/17. Appearances are required on 10/3/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Donald Martinez Represented By
2:30 PM
Trustee(s):
Edgar P Lombera
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 69
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Juan A Acosta Represented By Alla Tenina
Joint Debtor(s):
Maria L Acosta Represented By Alla Tenina
Trustee(s):
John J Menchaca (TR) Represented By Brianna L Frazier Leonard M Shulman Rika Kido
2:30 PM
[Shulman Hodges & Bastian LLP, Attorney for Chapter 7 Trustee]
Docket 66
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Juan A Acosta Represented By Alla Tenina
Joint Debtor(s):
Maria L Acosta Represented By Alla Tenina
Trustee(s):
John J Menchaca (TR) Represented By Brianna L Frazier Leonard M Shulman Rika Kido
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 68
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Juan A Acosta Represented By Alla Tenina
Joint Debtor(s):
Maria L Acosta Represented By Alla Tenina
Trustee(s):
John J Menchaca (TR) Represented By Brianna L Frazier Leonard M Shulman Rika Kido
2:30 PM
Docket 105
No tentative ruling as of 3/19/18. Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 9
Matter to be heard on 3:00 p.m. calendar. See tentative ruling for matter number 39.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
2:30 PM
Docket 47
Updated tentative ruling as of 3/19/18. Debtor filed a notice of voluntary dismissal on 3/19/18. The court will treat the hearing as moot if there is no objection to the withdrawal of the motion. Appearances are optional on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 3/20/18 at 2:30
p.m. No appearances are required on 1/30/18.
Debtor(s):
Gerardo Iniguez Represented By Grace White
Trustee(s):
Wesley H Avery (TR) Represented By Joseph Caceres
2:30 PM
Application for fees and expenses [Timothy J. Yoo, Chapter 7 Trustee]
Docket 25
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/20/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Joel Abdiel Bazan Pro Se
Joint Debtor(s):
Maria Ines Bazan Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
F.R.B.P. 7007 and 11 U.S.C § 105 fr. 2/6/18
Docket 14
Updated tentative ruling as of 3/19/18. Deny motion to stay proceedings because as shown by plaintiff's receipt of IRS Forms 1098 for her student loan, she does not meet the definition of the class involved in the pending nationwide class action litigation. Moreover, it is uncertain when the class certification motion will be heard by the bankruptcy court in the Eastern District of New York, and even if the class is certified, debtor may be able to opt out. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 3/20/18 at 2:30
p.m. No appearances are required on 2/6/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
2:30 PM
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
Docket 1
Updated tentative ruling as of 2/5/18. Off calendar. Continued on the court's own motion to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling. Continued ;by stipulation and order to 2/6/18 at 2:30
p.m. No appearances are required on 1/23/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 12
No tentative ruling as of 3/19/18. The case of In re Carrier, 313 B.R. 247, 252 (Bankr. M.D. Fla. 2006) cited in the moving papers to support one of the violations does not exist or is erroneously cited. Appearances are required on 3/20/18.
Debtor(s):
Jaime Ochoa Pro Se
Joint Debtor(s):
Jessica Garcia Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Heide Kurtz (TR) Pro Se
2:30 PM
Docket 16
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the issues of good faith and abuse under 11 U.S.C. 707(b) because there are disputed and material issues of fact, although creditor's showing is pretty weak. Appearances are required on 3/20/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
TERRY LC CHIN Represented By Michael Y Lo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824,
827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v. Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to
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allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
3:00 PM
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 13
See tentative ruling for matter number 39.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
3:00 PM
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 2/27/18
Docket 13
Updated tentative ruling as of 3/19/18. Grant defendants' motions to dismiss as follows: (1) first, second, third and fourth claims for relief based on permissive abstention because these claims are based on plaintiff's state law claims for wrongful foreclosure and the court should abstain because state law issues predominate over bankruptcy issues, there is no jurisdictional basis over the claims other than related to jurisdiction under 28 U.S.C. 1334, the degree of relatedness or remoteness of the claims to the main bankruptcy case is tenuous because these claims are all based on the state law unlawful foreclosure claims, plaintiff's claims are noncore proceedings because plaintiff must establish its underlying state law noncore wrongful foreclosure claims before obtaining relief on these claims, the litigation of state law claims would be burdensome on this court's docket, it is likely that the commencement of this adversary proceeding involves forum shopping because plaintiff could have filed these claims in the state court either before or after bankruptcy and nondebtor parties, defendants, are present, and the other factors are neutral, In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990); (2) fifth claim for relief for disallowance of claims, dismissal without prejudice because the claim is premature since the bank has not filed any proof of claim; (3) sixth claim for relief based on Fair Debt Collection Practices Act - dismissal with prejudice pursuant to FRCP 12(b)(6) because plaintiff fails to state a claim that bank acted to collect any debt against plaintiff, bank is not a debt collector as creditor, mortgagor or mortgage serviceing company and the claim is time-barred since brought more than one year after alleged violation pursuant to 15 U.S.C. 1692k(d). Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on
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the motion to dismiss to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 2/13/18, 2/27/18
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
3:00 PM
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
10:30 AM
fr. 2/28/18
Docket 314
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
fr. 12/14/17, 1/9/18, 2/28/18
Docket 223
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
10:30 AM
Docket 263
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
10:30 AM
Docket 1
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Docket 1
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
10:30 AM
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Docket 1
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m.
10:30 AM
Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
10:30 AM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 12/14/17, 1/9/18, 2/28/18
Docket 1
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
10:30 AM
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
11:00 AM
Docket 322
Approve interim fee application of DLA Piper, LLP, special counsel for debtor- in-possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but counsel and applicant may appear by telephone. Counsel for debtor or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Friedman, Kannenberg & Company, accountant, Period: 1/11/2017 to 12/31/2017, Fee: $8,485.02, Expenses: $1,514.98
Docket 327
Approve interim fee application of accountants for debtor-in-possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/21/18, but counsel and applicants may appear by telephone. Counsel for debtor or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Docket 326
Approve interim fee application of Liner Law Group, LLP, special counsel for debtor-in-possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/20/18, but counsel and applicant may appear by telephone. Counsel for debtor or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Docket 325
It appears there is a $4,500 transposition error in a billing entry on 10/11/18 by KR for emails and calls, claiming 9.0 hours rather than 0.9 hour (page 82). Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
Kurt Ramlo
11:00 AM
Docket 1
Updated tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
11:00 AM
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
Docket 140
Updated tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses
11:00 AM
with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17, but counsel may appear by telephone.
Updated tentative ruling as of 12/12/16. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Updated tentative ruling as of 10/31/16. Off calendar. The court on its own motion vacates this status conference in light of the pending proceedings regarding the amended disclosure statement for which there are separate hearings at which the status of the case is considered. No appearances are
11:00 AM
required on 11/3/16.
Updated tentative ruling as of 7/5/16. No tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 7/6/16, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 4/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
No updated tentative ruling as of 12/14/15. Appearances are required on 12/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 6/30/15. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/1/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Prior tentative ruling as of 4/28/15. Appearances are required on 4/29/15, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling as of 4/13/15. Appearances are required on 4/15/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
Movant(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
Docket 210
Off calendar. The hearing on the motion is moot because the case is dismissed. No appearances are necessary.
Debtor(s):
Don P. Chairez Represented By Jeffrey A Cogan
Joint Debtor(s):
Maria J. Chairez Represented By Jeffrey A Cogan
11:00 AM
Docket 423
Deny creditor Cindy Magleby's motion for discretionary abstention because the matter of claim objections is a core matter, the court has jurisdiction over the claim objection dispute as a core bankruptcy matter, abstention would adversely impact the efficient administration of the estate since there is no certainty that the claims determination issues will be resolved expeditiously in state court, there is not much difference in litigating claims estimation only for plan confirmation purposes as opposed to determining the claims on the merits, litigation of the claim objections in this court will provide certainty for plan confirmation, despite the litigation of the claim objections will be burdensome on the court's docket and arguably the filing of the bankruptcy case involved forum shopping. In re Tucson Estates, 912 F.2d 1162 (9th Cir. 1990); In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996).
Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 9/27/17, 11/29/17, 2/7/18, 3/7/18
Docket 115
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed factual issues that requires an evidentiary hearing. Parties should be prepared to discuss their discovery needs and scheduling of pretrial and trial proceedings. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By
11:00 AM
Alan F Broidy Illyssa I Fogel
11:00 AM
fr. 12/13/17, 2/7/18, 3/7/18
Docket 394
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 372
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 12/13/17, 2/7/18, 3/7/18
Docket 390
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems
11:00 AM
to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01331 Magleby v. Magleby
fr. 9/27/17, 11/29/17, 2/7/18, 3/7/18
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
11:00 AM
No tentative ruling as of 11/14/16. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Curtis C. Magleby Pro Se
Plaintiff(s):
Cindy Magleby Represented By Michael J Conway
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 9/27/17, 11/29/17, 2/7/18, 3/7/18
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
fr. 10/24/17, 11/7/17, 1/4/18
Docket 79
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but
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counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 62
The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
Updated tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 71
Grant motion of Shulman Hodges & Bastian LLP to withdraw as counsel for debtor pursuant to California Rule of Professional Conduct 3-700(C) for the reasons stated in the moving papers. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Shulman Hodges & Bastian LLP
11:00 AM
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
11:00 AM
US Longton, Inc., on an administrative expense priority basis
Docket 29
No tentative ruling as of 3/19/18. In its reply to opposition of Creditors Dayco Funding Corp. and Luxor Properties, Inc., Debtor states that it agrees to the terms and conditions for use of cash collateral stated in the opposition.
Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
11:00 AM
Docket 36
Revised tentative ruling as of 3/20/18. Movant filed a notice of voluntary dismissal/withdrawal of the motion on 3/20/18, and the matter appears to be moot. Appearances are optional on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
11:30 AM
Docket 18
No tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
11:30 AM
Docket 1
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:30 AM
Docket 57
Off calendar. Motion voluntarily dismissed by notice filed on 3/15/18. No appearances are required on 3/21/18.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
10:30 AM
Docket 472
Updated tentative ruling as of 3/26/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 3/27/18 because after the hearing concluded on 3/6/18, a party attempted to appear on the matter, but counsel may appear by telephone.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling on request for relief under 11 U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr.
C.D. Cal. 2012). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 3/6/18, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
10:30 AM
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(Federal Home Loan Mortgage Corp. VS Debtor)
Docket 181
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling on request for stay annulment as movant has not shown that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny request for extraordinary relief in paragraphs 10 and 14 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 3/27/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 29
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/16/18 at 11:00 a.m. No appearances are required on 3/27/18.
Prior tentative ruling. Deny motion for relief from stay under 11 U.S.C. 362(d)
on grounds of bad faith since the circumstances argued by movants that the debtor is a SARE and that there are few other creditors and movants are the major creditors, and thus, this is only a two-party dispute, by themselves do not make this case to be one filed in bad faith.
Deny motion for relief from stay under 11 U.S.C. 362(d)(3) on condition that debtor pay adequate protection payments to movants based on the 8% nondefault contract rate of interest on the value of the creditors' interest in the real estate, retroactive to the date of the first adequate protection payment. It appears that: (1) counsel for the parties were negotiating adequate protection terms in good faith near the end of the 90-day period after the order for relief;
counsel for movants proposed 6% to counsel for debtor during the negotiation, but was unable to obtain client authorization for that proposal and notified counsel for debtor right before the end of the 90 day period; (3) given the shortness of time in the notification of lack of client authority by counsel for movant before the deadline, debtor made a first adequate protection payment at 6% rate preliminarily proposed by counsel for movant before the deadline, which seems to be in good faith; and (4) however, there was no agreement between the parties for adequate protection payments less than the 8% nondefault contract rate, and movants have not waived their rights under 11 U.S.C. 362(d)(3) for at least adequate protection payments based on the nondefault contract rate of 8%, the statute says what it says, and debtor needs to pay that rate as adequate protection if it wants the stay to remain in place under 11 U.S.C. 362(d)(3). If debtor is not willing to pay the
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8% rate, the court will grant the motion under 11 U.S.C. 362(d)(3). Debtor in its reply states that it has no problem paying 8%, but the value of the property for adequate protection purposes should be $3 million, yielding an adequate protection payment of $20,000, which is less than what was first paid.
Apparently, during the adequate protection negotiations, the parties assumed that the value was $4.5 million, and there may be a material issue of fact of the adequacy of the adequate protection payments for purposes of 11 U.S.C. 362(d)(3) based on differences in valuation of the subject collateral. If the parties dispute valuation, the court will set an evidentiary hearing on valuation, and the parties should be prepared to discuss how they will prove up valuation for the purposes of this motion at the hearing.
Appearances are required on 3/27/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
10:30 AM
(State Farm Mutual Automobile Insurance Company VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tara NIKANJAM Represented By Kaveh Ardalan
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
fr. 2/27/18, 3/6/18
Docket 9
Updated tentative ruling as of 3/26/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (b)(22) , or issue determination that no stay was and is in place, and allow movant to pursue non-bankruptcy remedies for the reasons stated in the moving papers.
Debtor's opposition filed on 3/23/18 is late-filed and may be deemed to consent to granting of the motion pursuant to LBR 9013-1(h) since it was not filed within 14 days of hearing pursuant to LBR 9013-1(f) and does not rebut movant's prima facie showing that no automatic stay is in place from the bankruptcy petition because movant obtained a prepetition judgment for possession of residential rental property as indicated by Exhibit C to the motion (Superior Court minute order filed and served on 1/19/18 granting movant's ex parte application for judgment pursuant to stipulation and ordering lockout to proceed forthwith). Debtor's petition documents and the bankruptcy case docket reflect that debtor has not within 30 days of petition date filed the certification that he would be permitted to cure the entire monetary default and that he has not within 30 days of petition date deposited the cure amount with the clerk of the court provided under 11 U.S.C. 362(l) to except debtor from the effect of 11 U.S.C. 362(b)(22) providing for no automatic stay where landlord obtains a prepetition judgment for possession on residential rental property. Thus, due to these failures, there was and is no automatic stay in place to stop the landlord from carrying out the eviction, and debtor's remedies for damages from improper eviction lie under state law in the unlawful detainer action in state court.
Deny debtor's request to continue the hearing on grounds that he has filed a motion for contempt because: (1) the motion is procedurally defective since he should have filed a motion for an order to show cause for contempt
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pursuant to LBR 9020-1 and (2) the motion for contempt fails to address debtor's failure to comply with 11 U.S.C. 362(l) to except him from the effect of no stay under 11 U.S.C. 362(b)(22).
No tentative ruling on the request to waive the 14-day waiting period under FRBP 4001(a)(3) in light of debtor's opposition to the motion.
Appearances are required on 3/27/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website
Prior tentative ruling as of 3/5/18. Local Bankruptcy Rules 4001-1(c)(1)(A) and 9013-1(d) require service of notice of hearing relating to a residential unlawful detainer stay relief motion on the debtor and debtor's attorney, if any, and the proof of service of the notice of continued hearing indicates only notice to debtor's attorney and not to debtor. Movant will have to give notice to debtor and debtor's attorney of a further continuance. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. It appears that movant has asked for a hearing on shortened notice under LBR 9075-1 without filing an application fo hearing on shortened notice. Appearances are required on 2/27/18, but counsel may appear by telephone.
Debtor(s):
Brett Clark Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
103 VVE Enterprises Corp Represented By Jong Y Kim
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 9
Deny the stay relief motion without prejudice as moot because the case was dismissed on 3/19/18. Appearances are optional on 3/27/18, but counsel may appear by telephone.
Debtor(s):
Nichole Goines Pro Se
Movant(s):
Realty Holdings PSJC LLC or South Represented By
Carol G Unruh
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
fr. 2/13/18
Docket 241
No updated tentative ruling as of 3/26/18. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
11:00 AM
Docket 10
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/29/18 at 11:00 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 11/27/17. Off calendar. Continued by stipulation and order to 1/30/18 at 10:30 a.m. No appearances are required on 11/28/17.
Prior tentative ruling. As indicated in debtor's response of non-opposition to the motion, It appears that the subject property is not property of the estate since there was a marital dissolution judgment in 2010 between debtor and her former spouse, which allocated the property to the former spouse as his separate property in the their division of marital property. Thus, the motion should be granted under 11 U.S.C. 362(d)(1) for cause since the property does not appear to be property of the estate. Appearances are required on 5/23/17, but counsel may appear by telephone.
Debtor(s):
Leala M. Simich Represented By Jennifer Ann Aragon
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:13-01443 Gill v. Nexgen Energy Holdings PCC
fr. 9/26/17, 11/28/17, 1/30/18
Docket 1
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/17. Off calendar. The court has reviewed plaintiff's unilateral status report and noted that the docket reflects that default has been entered against defendant Shetabi on the third amended complaint. The court on its own motion continues the status conference for about 60 days to 3/27/18 at 1:30 p.m. to allow time for plaintiff to file a renewed motion for entry of default judgment. No appearances are required on 1/30/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed trustee's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/7/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/10/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 10/7/16. The parties in their joint status report indicated that they had an interest in mediation. Perhaps the parties can consider and discuss the possibility to refer the matter first to mediation before proceeding with full-blown litigation of the remaining claims.
Appearances are required on 10/11/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/6/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. The court has reviewed the joint status report of some of the parties appearing in this matter, including the attached statement of the Burris Parties, as well as the separate status statement of Eric Herrera.
The court also notes the parties used an obsolete version of the Joint Status Report form from December 2012, and in the future, the parties should use the current version of the form adopted in December 2015. The new joint status report form solicits the parties' positions as to whether they consent to the bankruptcy court's determination of noncore claims in light of Stern v.
Marshall, 131 S.Ct. 2594 (2011), Executive Benefits Insurance Agency v. Arkison, 134 S.Ct. 2165 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S.Ct. 1932 (2015). If consent of all parties is given, the bankruptcy court will enter a final judgment, but if consent of all parties is not given, then the court will issue proposed findings of fact and conclusions of law for de novo review by the district court. Id.
Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/8/2014. Off calendar. The court has issued an order vacating the hearings and taking the matters under submission.
Revised tentative ruling as of 12/2/14. Off calendar. The court continues the status conference on its motion to 12/9/14 at 2:00 p.m. due to congestion on
1:30 PM
the court's calendar, its continuing deliberation on the various dismissal motions. and the inclement weather today. No appearances are required on 12/2/14.
Prior tentative ruling as of 12/1/14. No tentative ruling. Appearances are required on 12/2/14. Counsel may appear telephonically.
Prior tentative ruling as of 11/24/14. Off calendar. The status conference is continued on the court's own motion to 12/2/14 at 3:30 p.m. in light of the continuances of the pending motions to dismiss. No appearances are required on 11/25/14.
Tentative ruling as of 11/17/14. Off calendar, continued to 11/25/14 at 3:30
p.m. by order entered 11/17/14. Appearances are not required on 11/18/14.
Updated tentative ruling as of 8/25/14. Off calendar. The court on its own motion continues the status conference to 9/23/14 at 2:30 p.m. to be conducted with the hearings on the defendants' motions to dismiss the third amended complaint. No appearances are required on 8/26/14
Prior tentative ruling as of 7/28/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 8/26/14 at 1:30 p.m. in light of the dismissal of the second amended complaint and the time for filing and serving a third amended complaint has not expired. No appearances are required on 7/29/14
Prior tentative ruling as of 6/2/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 7/29/14 at 1:30 p.m. in light of the pending motions of several defendants to dismiss to be heard on 6/17/14 and 7/8/14 and in light of plaintiff's continuing efforts to effect service of process on other defendants. No appearances are required on 6/3/14
Prior tentative ruling as of 1/13/14. Off calendar. To be heard at 3:00 p.m. calendar with plaintiff's motion to file amended complaint. Appearances are required on 3:00 p.m. calendar, not at 1:30 p.m..
1:30 PM
No updated tentative ruling as of 11/25/13. Appearances are required on 11/26/13, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Appearances are required on 10/15/13 to discuss scheduling and the status of mediation since the parties do not agree. Since the parties intend to bring cross-motions for summary judgment, the court request the parties to discuss and consider trying the case on stipulated facts in lieu of cross-motions for summary judgment.
Prior tentative ruling The court has reviewed the joint status report. Appearances are required on 6/11/13 to discuss scheduling and mediation since the parties do not agree.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Defendant(s):
Nexgen Energy Holdings PCC Pro Se
Plaintiff(s):
DAVID Gill Represented By
Nathan D Meyer
Trustee(s):
David A Gill (TR) Pro Se
David A Gill (TR) Represented By David A Gill (TR)
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01440 Diamond, Chapter 7 Trustee, Plaintiff v. Wells et al
for turnover; (3) to avoid and recover fraudulent transfer; (4) imposition of a constructive trust; and (4) in the alternative, for sale of the entirety of real property pursuant to 11 U.S.C. §363(h)
fr. 5/9/17, 8/22/17, 12/12/17
Docket 1
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/21/17. No tentative ruling on the merits. Appearances are required on 8/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. No tentative ruling on the merits. Appearances are required on 5/9/17 to discuss the status of the related state court litigation in which entry of judgment was expected shortly as reported at the last status conference and the scheduling of further proceedings if judgment has not been entered and trustee is not yet prepared to dismiss this adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. The court notes that the parties failed to file a joint status report as required by LBR 7016-1. Appearances are required on 2/28/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and is
1:30 PM
inclined to stay the proceedings pending the trial in the related state court action starting on 1/10/17 and to set a further status conference afterwards on 1/31/17 at 1:30 p.m. Appearances are required on 1/29/16, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Sayun Wells Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Aaron E de Leest
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 5/30/17, 8/29/17, 9/12/17, 2/27/18
Docket 1
Updated tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/8/18 at 1:30 p.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
1:30 PM
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01018 Grand View Financial, LLC v. Deutsche Bank Trust Company Americas, As
(5) violation of fair debt collection practices act
Docket 1
Off calendar. The court has reviewed the joint status report in which the parties requested a continuance of the status conference because the pleadings are not yet at issue since not all defendants have responded to the complaint and plaintiff prefers that all parties tracking on the same trial timeline. The court on its own motion continues the status conference for about 60 days to 5/22/18 at 1:30 p.m. No appearances are required on 3/27/18. Plaintiff to give written notice of continuance.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Deutsche Bank Trust Company Pro Se
Aztec Foreclosure Corporation Pro Se
Amador Avenue Properties, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By
1:30 PM
Todd M Arnold
1:30 PM
Adv#: 2:17-01585 Wolkowitz v. Lim et al
(2) Recovery of avoided transfer; and (3) Turnover of property [11 U.S.C. §§542, 544, 548 and 550]
fr. 2/20/18
Docket 1
Updated tentative ruling as of 3/26/18. Off calendar. The court has reviewed the joint status report in which the parties requested a continuance of the status conference to allow an opportunity to first discuss settlement before setting a pretrial schedule. The court on its own motion continues the status conference for about 60 days to 5/29/18 at 1:30 p.m. No appearances are required on 3/27/18.
Prior tentative ruling. The court has reviewed the joint status report indicating that counsel has recently been retained by defendant and that the parties have not had their LBR 7026-1 initial meeting. The court on its own motion continues the status conference to 3/27/18 at 1:30 p.m. Trustee to give email or telephonic notice to counsel for defendant of the continuance of the status conference. No appearances are required on 2/20/18.
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Annie Lim Pro Se
Tony C. Sok Pro Se
Samuel Chea Pro Se
1:30 PM
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Docket 17
Off calendar. Motion withdrawn by notice filed on 3/6/18. No appearances are necessary.
Debtor(s):
Socorro Ortiz Rivera Represented By Sevan Gorginian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Docket 9
Off calendar. The hearing on the order to show cause is moot because the case was dismissed. No appearances are necessary.
Debtor(s):
Jose Esparza Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Docket 11
No tentative ruling as of 3/26/18. Appearances are required on 3/27/18.
Debtor(s):
JVS Transport Inc Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 133
No updated tentative ruling as of 3/26/18. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference. Parties should attempt to consult regarding their pretrial needs, such as discovery, and suggest a proposed schedule to the court at the hearing.
To the extent that the trustee contends that the claim lacks documentation, that objection may not be valid because it is not necessarily based on a writing since it seems that creditor lent money to debtor without a writing, such as a promissory note, but the record is unclear. An objection to claim based on lack of documentation if the claim is not based on a writing is not well-taken. See In re Los Angeles International Airport Associates, 106 F.3d 1479 (9th Cir. 1997). It seems that the trustee's objection goes to the substance as opposed to just the lack of documentation since trustee relies upon debtor's schedules listing the debt at $400,000. Given the deficiencies in pleading on both sides, the court believes that the parties should be given the benefit of a doubt and be allowed to present evidence in support of their respective positions for and against the claim and litigate the contested matter of the trustee's objection to creditor's claim in accordance with the usual burdens of proof associated with claims litigation as the Bankruptcy Appellate Panel of the Ninth Circuit stated in In re Campbell, 336 B.R. 430 (9th Cir. BAP 2005). Appearances are required on 11/7/17, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 145
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Rosalva Lua Represented By
Bruce R Fink
Trustee(s):
Elissa Miller (TR) Represented By Barry R Wegman David A Tilem Sylvia Lew
2:30 PM
Docket 141
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/27/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Rosalva Lua Represented By
Bruce R Fink
Trustee(s):
Elissa Miller (TR) Represented By Barry R Wegman David A Tilem Sylvia Lew
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 143
Approve final fee application of accountants for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/27/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Rosalva Lua Represented By
Bruce R Fink
Trustee(s):
Elissa Miller (TR) Represented By Barry R Wegman David A Tilem Sylvia Lew
2:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
Docket 39
Overrule defendants' evidentiary objections to trustee's motion for leave to amend complaint for the reasons stated in the reply of trustee to the objections. Grant trustee's motion for leave to amend complaint for the reasons stated in the moving papers since equitable tolling could apply to the claims to avoid postpetition transfers under 11 U.S.C. 549. In re Olsen, 36 F.3d 71 (9th Cir. 1994). Trustee's cited authority in In re Olsen is controlling whereas defendants' cited authorities are not. Whether equitable tolling applies is a factual issue to be resolved at trial, and not on the pleadings, and if it could apply, it would not be futile to allow amendment of the complaint. In re Gladstone, 811 F.3d 1133 (9th Cir. 2016). Appearances are required on 3/27/18, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Represented By
Jeffrey S Shinbrot
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell Howard Kollitz Zev Shechtman
2:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman
2:30 PM
Docket 263
For the convenience of the parties, the court will hear this matter on its 11:00
a.m. calendar, so the parties need not come to court twice on 3/27/18.
Overrule trustee's evidentiary objections to debtor's moving papers because the objected to statements are argument. Deny debtor's motion to reopen discovery on, and extend time to respond to trustee's objection to, his homestead exemption because the matter of the objection has been fully tried, the evidence was closed, reconsideration was only granted to allow further argument based on a possible change in the case law, and debtor's motion presents no new facts relevant to the claimed homestead exemption that warrant reopening of discovery. On their face, the alleged facts asserted by debtor do not state a claim for relief against trustee for misconduct or fraud (i.e., whether there was allegedly any problem with the buyer's FHA loan to purchase the real property asset of the bankruptcy estate is only an issue between the FHA and the buyer and does not invalidate the sale). The court has already extended time for debtor to respond to trustee's papers, and a further extension is not justified. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
2:30 PM
Docket 276
For the convenience of the parties, the court will hear this matter on its 11:00
a.m. calendar, so the parties need not come to court twice on 3/27/18.
Deny debtor's motion for leave to file claims against Discover, Western Federal Credit Union, Richard Pena, Pinnacle Properties, Aaron Juarez, Cal American Homes and Carlos C. Farfan for failure to state a claim upon which relief can be granted. Debtor does not state any legally recognized claims against these parties, so leave will not be granted. Denial is without prejudice because the court does not see that prior leave of court is needed to assert claims against these parties, but if debtor asserts claims against these parties without a reasonable basis in fact and law, they might seek the imposition of sanctions against him pursuant to Federal Rule of Bankruptcy Procedure 9011. Appearances are required on 3/27/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
fr. 3/20/18
Docket 50
Updated tentative ruling as of 3/26/18. Deny counsel's motion for relief because: (1) counsel has not shown that she has now has authority to act on behalf of defendant or his estate since his death has been suggested on the record and she no longer has him as a client; (2) thus, counsel cannot now request that the adversary proceeding be dismissed or that the court order the release of plaintiff's judgment lien; (3) to the extent that counsel asks to be relieved, she needs to bring a separate motion to withdraw since that relief was not requested in the original motion. Deny plaintiff's request for sanctions against counsel because such relief must be requested by separate motion and not in any opposition to a motion, and in any event, there does not appear to be a proper basis for imposing sanctions against counsel.
Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted on the court's website.
Prior tentative ruling. The court on its own motion continues the hearing on the motion to 3/27/18 at 2:30 p.m. to be heard with plaintiff's motion to substitute party. No appearances are required on 3/20/18.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
2:30 PM
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 57
No tentative ruling on the merits. It appears that the motion to substitute is timely filed within 90 days of suggestion of death by counsel for defendant under FRCP 25 (assuming for the sake of argument that counsel may properly suggest death of her client on the record, see In re Cardoza, 111
B.R. 906, 909 (Bankr. S.D. Cal. 1990)). However, plaintiff has not substantiated that Lisa Moll-Watson is the proper party defendant as the executor of defendant's estate. The court requires that plaintiff submit proof that she is now the representative of defendant's decedent estate. Moreover, plaintiff has not properly served Ms. Moll-Watson since the address listed for her on the proof of service of the motion is the funeral home and not her address as listed on defendant's death certificate. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
2:30 PM
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 52
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Sandra M Curtis Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 22
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Herbert Nobby Palacios Represented By Luis G Torres
Joint Debtor(s):
Ana Beatriz Palacios Represented By Luis G Torres
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Docket 198
Grant motion for reconsideration for the reasons stated in the moving papers and for lack of timely written opposition with the understanding that payment is not authorized until distributions are made in the Chapter 7 phase of this case. Appearances are required on 3/27/18, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 58
Sustain debtors' objection to the claim of Los Angeles County for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are optional on 3/27/18, but counsel may appear by telephone. Debtors to submit a proposed order within 7 days of hearing.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 61
Overrule debtors' objection to the claims of Southern California Edison as debtors acknowledge in their reply that the amounts are correct as stated on the claims as supported by the evidence submitted by Southern California Edison in its opposition to the objection. Appearances are optional on 3/27/18, but counsel may appear by telephone. Southern California Edison to submit a proposed order within 7 days of hearing.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 65
Sustain debtors' objection to the claim of Robinson & Associates on grounds that the claimant has shown that it is the assignee and owner of the claim of Young's Market and that claimt has not filed a timely opposition to the objection. Appearances are optional on 3/27/18, but counsel may appear by telephone. Debtors to submit a proposed order within 7 days of hearing.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 67
Corrected tentative ruling as of 3/27/18. Sustain debtors' objection to the claim of Robinson & Associates on grounds that the claimant has not shown that it is the assignee and owner of the claim of Young's Market and that claimant has not filed a timely opposition to the objection. Appearances are optional on 3/27/18, but counsel may appear by telephone. Debtors to submit a proposed order within 7 days of hearing.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 63
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact for trial and the hearing on the objection will be treated as a status conference at which the court will hear from the parties and set a schedule of pretrial and trial proceedings. Appearances are required on 3/27/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 69
Sustain debtors' objection to the claim of Orange County on grounds that the claim is not owed by debtors personally, but by a separate corporate entity related to them, and that the county does not oppose the objection on this ground. Appearances are optional on 3/27/18, but counsel may appear by telephone. Debtors to submit a proposed order within 7 days of hearing.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
2:30 PM
Docket 24
Deny debtor's motion to convert on grounds that the circumstances supported by trustee's evidence and request for judicial notice indicate bad faith conduct by debtor in seeking to convert this case: (1) debtor failed to disclose significant real property assets on her original bankruptcy schedules; (2) debtor failed to disclose material rental income on her original bankruptcy schedules; (3) debtor is seeking to convert once the trustee discovered her undisclosed real property assets and has taken action to sell such assets.
Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365 (2007). Also, deny motion because debtor failed to serve all creditors with notice of motion as required by FRBP 2002(a)(4) and 9013, namely the creditors added on her amended bankruptcy schedules filed on 2/8/18 when she served notice on 2/27/18, including Bank of America, LA DWP and Everhome Mortgage.
There is no admissible evidence to support debtor's motion in response to the trustee's opposition. Sustain trustee's evidentiary objections to debtor's declaration in support of motion for the reasons stated in the objections.
Debtor's declaration is not otherwise admissible evidence because it is not signed as required by FRBP 9011 and will be stricken. Moreover, debtor's declaration is not admissible evidence for lack of foundation because she recites that the declaration is in the English language and that she has limited to no understanding of the English language and apparently, the declaration may have been translated from her native language of Korean to English, assuming that this is her declaration which it may or may not be since it is unsigned. Appearances are required on 3/27/18, but counsel may appear by telephone.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
2:30 PM
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
fr. 2/27/18
Docket 18
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. The court is inclined to give debtor a short period of time to discuss possible settlement with trustee before ruling on the application in light of denial of motion to convert. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court is inclined to trail the hearing on the employment application of the broker until the hearing on debtor's motion to convert, which has not been set yet by debtor in response to trustee's opposition to that motion. Appearances are required on 2/27/18 to discuss scheduling of the hearing on the motion to convert and the employment application, but counsel may appear by telephone. If debtor does not promptly notice the motion to convert for hearing, the court would proceed to rule on the employment application.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
3:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 12/19/17, 2/20/18
Docket 257
Off calendar. The instant motion is moot because it pertains to the second amended cross-claims which have been superseded by the third amended cross-claims which have been allowed to be filed. No appearances are required on 3/27/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By
3:00 PM
Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:00 AM
Docket 1
Updated tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on
11:00 AM
9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 479
Updated tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
11:00 AM
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
11:00 AM
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr.12/20/17, 1/24/18, 2/28/18
Docket 482
Updated tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the
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hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits.
11:00 AM
Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed
11:00 AM
debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on
11:00 AM
5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
11:00 AM
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 230
Approve interim fee application of general bankruptcy counsel for debtor-in- possession for the reasons stated in the fee application. Approval on an interim basis is without prejudice to the objecting creditor's ability to object to approval of the allowed fees on a final basis. Appearances are required on 3/28/18, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 94
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure
11:00 AM
statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16,
11:00 AM
but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits.
11:00 AM
Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on
11:00 AM
7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 25
Assuming the court does not grant creditors' pending stay relief motion under 11 U.S.C. 362(d)(3), grant motion to extend plan exclusivity under 11 U.S.C. 1121(d) because cause to extend plan exclusivity for a short period of time, about 90 days, to 7/1/18 is shown by debtor marketing the property "as is," proceeding with claims resolution process by having a bar date set, attempting to obtain LADRP approval of a final subdivision map and this is the first request to extend exclusivity. Granting a first extension of plan exclusivity does not necessarily favor further extensions unless debtor makes specific progress in either marketing the property or obtaining land use approvals to develop the real property. Appearances are required on 3/28/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
Docket 190
Grant debtor's motion for approval of fourth stipulation for use of cash collateral for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 3/27/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:30 AM
Docket 242
No tentative ruling as of 3/26/18. Appearances are required on 3/28/18.
Debtor(s):
Derrick Darone Lightfoot Represented By Sylvia Lew
Michael Avanesian
9:00 AM
fr. 10/24/17, 12/5/17
Docket 19
Updated tentative ruling as of 3/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 3/30/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Based on the response and reply papers, the court will set an evidentiary hearing on the motion. Appearances are required on 1/31/18 to discuss scheduling.
Prior tentative ruling as of 12/4/17. See tentative ruling for matter number 6. Appearances are required on 12/5/17.
Prior tentative ruling. Given the magnitude of the fines requested in the motion, the court will order United States Trustee to serve on respondent by personal delivery a copy of the moving papers with a new notice of hearing. The court will set the matter for an evidentiary hearing, and the United States Trustee will be ordered to subpoena the debtor as the complaining witness to testify. The court can issue a scheduling order to assist the United States Trustee. Appearances are required on 10/24/17.
Debtor(s):
Kathleen Cappel Pro Se
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
fr. 2/28/18, 3/21/18
Docket 314
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:00 AM
fr. 1/9/18, 2/28/18, 3/21/18
Docket 223
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By
10:00 AM
Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:00 AM
Docket 263
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By
10:00 AM
Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
10:00 AM
Docket 1
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By
10:00 AM
Kurt Ramlo
10:00 AM
Docket 1
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:00 AM
Docket 1
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits.
10:00 AM
Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
10:00 AM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 1/9/18, 2/28/18, 3/21/18
Docket 1
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
10:00 AM
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nanette Beverly Durrett Represented By Sundee M Teeple Craig K Streed
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Karina Nieto Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 22
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
Docket 19
Updated tentative ruling as of 4/2/18. After reviewing the supplemental papers, the court believes that they are not sufficient to demonstrate the transfer of the subject property was fraudulent, and the court will set a hearing for plaintiff to offer evidence to prove up the fraudulent transfer, such as eyewitness testimony that defendant is continuing to operate his business and otherwise exercise dominion and control over the transferred property to deem it to be his. The court is considering ordering plaintiff to serve defendant with a subpoena to appear at the prove up hearing. Appearances are required on 4/3/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18. No appearances are required on 2/13/18.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
1:30 PM
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 11/28/17, 11/28/17, 12/19/17, 2/13/18
Docket 1
Updated tentative ruling as of 4/2/18. See tentative ruling for matter number 4.
Prior tentative ruling as of 2/12/18. Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18.
No appearances are required on 2/13/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/11/17. The court has reviewed plaintiff's unilateral status report, again stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment.
1:30 PM
Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment. The court on its own motion continues the status conference to 9/12/17 at 1:30 p.m. No appearances are required on 6/6/17.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 1
Off calendar. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
2:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 362
Off calendar. Continued to 4/10/18 at 2:30 p.m. by prior order of the court. No appearances are required on 4/3/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:30 PM
Docket 342
Off calendar. Motion withdrawn by notice filed on 3/22/18. No appearances are necessary.
Debtor(s):
TIFKAH Represented By
Jon L Dalberg
Trustee(s):
John J Menchaca (TR) Represented By
Uzzi O Raanan ESQ Steven J Schwartz Walter K Oetzell
2:30 PM
Docket 344
Sustain trustee's objection to claim of Louie Avila for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 4/3/18, but counsel may appear by telephone. If no appearances are made, the court will approve the proposed order sustaining the objection.
Trustee's objection to claim of Jaime Glater is off calendar, having been resolved by stipulation and order.
Debtor(s):
TIFKAH Represented By
Jon L Dalberg
Trustee(s):
John J Menchaca (TR) Represented By
Uzzi O Raanan ESQ Steven J Schwartz Walter K Oetzell
2:30 PM
fr. 3/20/18
Docket 12
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The case of In re Carrier, 313 B.R. 247, 252 (Bankr. M.D. Fla. 2006) cited in the moving papers to support one of the violations does not exist or is erroneously cited. Appearances are required on 3/20/18.
Debtor(s):
Jaime Ochoa Pro Se
Joint Debtor(s):
Jessica Garcia Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Heide Kurtz (TR) Pro Se
3:00 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 77
No tentative ruling as of 4/2/18. Appearances are required on 4/3/18, but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
3:00 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 74
No tentative ruling as of 4/2/18. Appearances are required on 4/3/18, but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
9:00 AM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee] fr. 1/9/18
Docket 92
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits will be issued for the evidentiary hearing. Appearances are required on 4/4/18.
Prior tentative ruling. In light of objection of creditor Armen T. Tashjian, appearances are required on 1/9/18 to discuss scheduling of an evidentiary hearing on the objection and on the fee application of creditor Tashjian, which trustee has objected to, but counsel may appear by telephone. Creditor Tashjian will have to give proper notice of his fee application, or otherwise, the court will disapprove his fee application for lack of notice.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
9:00 AM
fr. 1/9/18
Docket 90
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits will be issued for the evidentiary hearing. Appearances are required on 4/4/18.
Prior tentative ruling . In light of objection of creditor Armen T. Tashjian, appearances are required on 1/9/18 to discuss scheduling of an evidentiary hearing on the objection and on the fee application of creditor Tashjian, which trustee has objected to, but counsel may appear by telephone. Creditor Tashjian will have to give proper notice of his fee application, or otherwise, the court will disapprove his fee application for lack of notice.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
9:00 AM
Docket 97
No tentative ruling on the merits will be issued for the evidentiary hearing. Appearances are required on 4/4/18.
Debtor(s):
Armen Sanamyan Represented By John Habashy
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jessica Vogel Steven Werth
11:00 AM
Docket 1115
Approve final report and fee application of Chapter 11 trustee for the reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/4/18, but trustee and counsel may appear by telephone.
Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
GSM Wireless Inc Represented By Evan D Smiley
Hutchison B Meltzer Philip E Strok
Lisa P. Grassi Thomas H Petrides
Winthrop Couchot Professional Corporation
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe Steven M Speier
11:00 AM
Docket 28
Updated tentative ruling as of 4/2/18. It appears that the hearing is moot because debtor withdrew the motion by notice filed on 3/24/18. If there is an objection to the withdrawal, appearances are required, but otherwise, appearances are optional on 4/4/18.
Prior tentative ruling. Continued by stipulation and order to 4/4/18 at 11:00
a.m. No appearances are required on 2/21/18.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
fr. 12/19/17, 2/6/18, 2/21/18
Docket 9
Updated tentative ruling as of 4/2/18. It appears that the hearing on the motion to continue stay is moot since debtor and creditor Bayview Loan Servicing have stipulated to vacating the stay as to the Riverside rental property and the stay otherwise remains in effect by prior orders of the court. Appearances are optional on 4/4/18, but counsel may appear by telephone.
Off calendar. Continued by stipulation and order to 4/4/18 at 11:00 a.m. No appearances are required on 2/21/18.
Prior tentative ruling as of 2/16/18. Off calendar. Continued by stipulation and order to 4/4/18 at 11:00 a.m. No appearances are required on 2/21/18.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/6/18, but counsel may appear by telephone.
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 12/17/17, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
Docket 94
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover
11:00 AM
capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion
11:00 AM
testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits.
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Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits.
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Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 320
No tentative ruling as of 4/2/18. Appearances are required on 4/4/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
11:30 AM
Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Civ. P. 65 and Fed. R. Bankr. P. 7065 against defendant 400 S. La Brea, LLC fr. 11/14/17, 11/28/17, 1/23/18, 3/6/18, 3/7/18
Docket 215
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17 to discuss scheduling of the evidentiary hearing on the motion, but counsel may appear by telephone.
Prior tentative ruling. The court intends to set an evidentiary hearing on plaintiff’s motion for preliminary injunction and will treat the hearing as a status conference to discuss scheduling. As the party seeking preliminary injunctive relief, plaintiff has the burden of persuasion for such relief, and "[b]ecause a preliminary injunction is an extraordinary remedy, courts require the movant to carry its burden of persuasion by a " ‘clear showing.’" 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶¶ 13:159 and 13:159.1 at 13-87 (Ninth Circuit and California edition 2017), citing, West Point-Pepperill, Inc. v. Donovan, 689 F.2d 950, 956 (11th Cir. 1982); Mazurek v. Armstrong, 520 U.S. 968, 972
(1997); and Towery v. Brewer, 672 F.3d 650, 657 (9th Cir. 2012). The court is of the opinion that it should conduct an evidentiary hearing and take live testimony in this case because "[i]t may be an abuse of discretion to refuse live testimony where facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should
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issue." 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163 at 13-87 – 13-88, citing, McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1312 (11th Cir. 1998); Charette v.
Town of Oyster Bay, 159 F.3d 749, 755 (2nd Cir. 1998); Cobell v. Norton, 391 F.3d 251, 261 (D.C. Cir. 2004)("circumstances and interests at stake" determine whether abbreviated or more extensive evidentiary hearing required). The amounts at issue (approximately $4.9 million in unauthorized payments of debtor’s funds claimed by plaintiff to have been made to defendant 400 S. LaBrea, LLC), the severity of the restrictions on alienation of the subject property and use of revenue derived therefrom proposed in plaintiff’s motion and the factual allegations of the parties are bitterly contested all indicate "circumstances and interests at stake" that the court should conduct an evidentiary hearing on the motion. Id.; see also, 3 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶ 13:163.1 at 13-88, citing inter alia, Aguirre
v. Chula Vista Sanitary Service & Sani-Tainer, Inc., 542 F.2d 779, 781 (9th Cir. 1976).
The factual and legal issues contested on the motion center on the applicability of the Ninth Circuit’s recent decision and opinions in Matter of Walldesign, Inc., 872 F.3d 954, 963 (9th Cir. 2017) regarding the reiteration of the adoption of the so-called "dominion" test to determine whether a transferee is an "initial" or "intermediate or mediate" transferee under 11
U.S.C. § 550(a)(1) or (2). As the majority stated in Walldesign, "[u]nder the dominion test, "a transferee is one who ... has dominion over the money or other asset,"—in other words, one with "the right to put the money to one's own purposes." 872 F.3d at 963, citing, In re Mortgage Store, Inc., 773 F.3d 990, 995 (9th Cir. 2014), quoting, In re Incomnet, Inc., 463 F.3d 1064, 1070 (9th Cir. 2006). The Walldesign majority further stated: "The ‘key[s]’ to this test are "‘whether the recipient of funds has legal title to them’ and whether the recipient has ‘the ability to use [the funds] as he sees fit.’" Id., quoting, In re Incomnet, Inc., 463 F.3d at 1071. The majority further stated: "We further explained that, "an individual will have dominion over a transfer if, for example, he is ‘free to invest the
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whole [amount] in lottery tickets or uranium stocks’" and "The first party to establish dominion over the funds after they leave the transferor is the initial transferee; other transferees are subsequent transferees." Id., quoting, In re Bonded Financial Services, Inc. v. European American Bank, 838 F.2d 890, 894 (7th Cir. 1988) (citations omitted). The parties dispute whether the evidence offered by plaintiff "clearly shows" that defendant 400 S. LaBrea, LLC is the initial transferee of the funds of debtor paid on behalf of defendant Ace Museum as rent (i.e., whether the funds transferred by debtor to Ace Museum through loans or otherwise gave Ace Museum dominion over the funds, and whether such loan is now cancelled through a settlement, either of these circumstances would show that Ace Museum was the initial transferee and 400 S. LaBrea, LLC as the mediate or intermediate transferee, and whether as a mediate or intermediate transferee, 400 S. LaBrea, LLC, received the transfers in good faith and for value).
Moreover, the parties dispute whether the evidence "clearly shows" whether "it is fair to view [400 LaBrea, LLC] as the initial transferee[ ] since [it] ‘receive[d] funds directly from [the] debtor, and thus, [its] ‘capacity [and burden] to monitor . . . [were] at [their] greatest." In re Walldesign, Inc., 872 F.3d at 968, quoting, In re Video Depot, Ltd., 127 F.3d 1195, 1199 (9th Cir. 1997). This passage from the majority opinion in Walldesign suggests that whether a transferee had "indications" of irregularities in the subject transfers is relevant to the inquiry of whether a transferee is "initial" or "intermediate." The parties dispute whether defendant 400 S. LaBrea, LLC knew or had reason to know that the transfers were improper transfers from the debtor, thus indicating that an evidentiary hearing is needed to determine whether plaintiff has met his burden of persuasion clearly showing entitlement to relief.
An evidentiary hearing is also needed to determine the degree of irreparable harm to plaintiff and the prejudice to other parties, including 400 S. LaBrea, LLC, in that there are wide disparities in the positions of the parties as to the degree of harm which would be suffered if relief were or were not granted, and how the party adversely affected by the granting or
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denial of relief would be protected, such as a bond if relief were granted to protect 400 S. LaBrea, LLC, which asserts the need for a $4.8 million bond from plaintiff to protect it from potential damages from the relief sought.
Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Kenderton S Lynch Michael W Vivoli Ashley M McDow Michael T Delaney
Jennifer Kellen Represented By
11:30 AM
Jerome Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 1/23/18, 3/6/18, 3/7/18
Docket 1
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status
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report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01083 Diamond, Chapter 7 Trustee, Plaintiff v. Rana
#10.00 Cont'd status conference re: Complaint (1) To avoid and recover preferential transfers;
(2) To avoid and recover fraudulent or avoidable transfers; (3) For imposition of constructive trust; (4) For unjust enrichment; (5) For turnover; and
(6) To disallow claims
fr. 5/23/17, 7/25/17, 9/5/17
Docket 1
Updated tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
1:30 PM
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 12/31/16 and a further status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation, parties to submit request for selection of mediator and alternate by 7/31/16, and complete mediation by 1/17/16. If the parties agree to these dates, appearances are optional on 4/26/16, and plaintiff to submit proposed scheduling order within 7 days of hearing if the parties agree to these dates. If the parties do not agree to these rulings and dates or if parties wish to discuss status of matter at status conference, appearances are required on 4/26/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Aj Rana Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01158 Diamond v. Vital Rehab Services, Inc.
For imposition of constructive trust; (3) For unjust enrichment; (4) For turnover; and (5) To disallow claims
fr. 5/23/17, 7/25/17, 9/5/17
Docket 1
Updated tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed
1:30 PM
the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/24/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Vital Rehab Services, Inc. Pro Se
Plaintiff(s):
Richard K. Diamond Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz
1:30 PM
Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:17-01348 LOANME, INC., a California corporation v. Dominguez
Docket 1
Updated tentative ruling as of 4/2/18. Off calendar. Dismissed by stipulation and order entered on 1/19/18. No appearances are required on 4/5/18.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/26/17, but counsel may appear by telephone.
The court has reviewed plaintiff's unilateral status report stating that plaintiff's counsel has not been able to reach defendant by telephone despite several attempts resulted in busy signals. No tentative ruling on the merits.
Appearances are required on 9/12/17, but counsel may appear by telephone.
Debtor(s):
Maria Edi Dominguez Pro Se
Defendant(s):
Maria Edi Dominguez Pro Se
Plaintiff(s):
LOANME, INC., a California Represented By Kelly Ann M Tran
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 10
Updated tentative ruling as of 4/4/18. Off calendar. Continued by stipulation and order to 6/27/18 at 11:00 a.m. [note change in date and time from what was proposed]. No appearances are required on 4/5/18.
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
9:00 AM
Adv#: 2:17-01538 Wolkowitz v. Cruz
Docket 1
Updated tentative ruling as of 4/2/18. No tentative ruling will be issued for trial. Appearances are required on 4/6/18.
Prior tentative ruling as of 1/12/18. The court has reviewed the unilateral status reports of the parties, and the parties should address why no joint status report was filed. Appearances are required on 1/16/18.
Debtor(s):
Louis Omar Cruz Represented By Harriet L. Goldfarb
Defendant(s):
Louis Omar Cruz Pro Se
Plaintiff(s):
Edward M Wolkowitz Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
fr. 2/28/18, 3/21/18, 4/2/18
Docket 314
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
fr. 1/9/18, 2/28/18, 3/21/18, 4/2/18
Docket 223
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
Docket 263
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
Docket 1
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
2:00 PM
Docket 1
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
2:00 PM
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
2:00 PM
Docket 1
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits.
2:00 PM
Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 1/9/18, 2/28/18, 3/21/18, 4/2/18
Docket 1
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
10:30 AM
Docket 43
Updated tentative ruling as of 4/9/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including retroactive annulment of stay, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Prior tentative ruling. The motion is procedurally defective: (1) the unauthorized transfer of an interest of the property was from the borrowers to Grandview Financial, and it appears that the claim for relief under 11 U.S.C. 362(d)(4) should have been in Grandview's bankruptcy case rather than this debtor's bankruptcy case. This debtor appears to have been given a lien interest in the property by Grandview rather than the borrowers. (2) service on the debtor is inadequate because the suite number is missing on the proof of service, which does not indicate proper service; (3) service on the original borrowers is inadequate because the street number is incomplete and inaccurate on the proof of service, which does not indicate proper service.
Appearances are required on 3/20/18, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Sharp Financial LLC Pro Se
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Martha Leticia Salas Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Daniela Contreras Represented By Raymond Perez
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies, including retroactive annulment of stay, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jerraine Craine Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 21
Revised tentative ruling as of 4/9/18. Off calendar. Motion resolved by stipulation and order. No appearances are required on 4/10/18.
Prior tentative ruling. The motion is procedurally defective since there is insufficient evidence of title to demonstrate movant's standing to seek stay relief and there is insufficient proof of service of the motion. An unauthenticated nongovernmental title report does not constitute admissible evidence of movant's lien interest in the subject collateral. The proof of service indicates that debtor's mailing address was located in Los Angeles rather than La Puente, which is incorrect. Appearances are required on 4/10/18 to address these deficiencies, but counsel may appear by telephone.
Debtor(s):
Susan Yen Quach Represented By Michael G Martin
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(Peggy Murphy and Genevieve Peterson VS Debtor)
Docket 8
Off calendar. Continued by stipulation and order to 6/19/18 at 10:30 a.m. No appearances are required on 4/10/18.
Debtor(s):
Peter Spennato DDS, Inc. Represented By Heather J Canning
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Enrique Garay Represented By
James Geoffrey Beirne
Joint Debtor(s):
Isabel Rios Represented By
James Geoffrey Beirne
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtors)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Andre Bojorge Represented By Jennifer Ann Aragon
Joint Debtor(s):
Vanessa Velasco Represented By Jennifer Ann Aragon
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 177
Updated tentative ruling as of 4/9/18. Off calendar. The hearing is continued
to 4/17/18 at 10:30 a.m. as notice of continuance filed on 3/21/18 states. No appearances are required on 4/10/18.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Movant has standing to seek stay relief because it has a colorable claim to enforce the trust deed as the substitute foreclosure trustee. In re Rozier, BAP No. CC-12-1359- KiPaD, 2013 WL 4428808 (9th Cir. BAP 2013), citing, California Civil Code Sections 2924 through 2924k and Debrunner v. Deutsche Bank National Trust Co., 204 Cal.App.4th 433, 440 (2012), affirmed, 623 Fed. Appx. 517 (9th Cir. 2015), citing inter alia, In re Griffin, 719 F.3d 1126, 1128 (9th Cir.
2013). In its reply, movant has submitted evidence that it is the current holder of the note based on endorsements of the note, and has shown that it has standing to enforce the note as the noteholder. In re Griffin, 719 F.3d 1126 (9th Cir. 2013).
No tentative ruling on request for relief under 11 U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr. C.D. Cal. 2012).
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
11:00 AM
2009).
No tentative ruling on the request to waive the 14-day waiting period under FRBP 4001(a)(3).
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 72
Off calendar. Continued by prior order to 6/19/18 at 1:30 p.m. No
appearances are required on 4/10/18.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 1
Updated tentative ruling as of 4/9/18. Off calendar. Continued by prior order
to 6/19/18 at 1:30 p.m. No appearances are required on 4/10/18.
Prior tentative ruling. The status conference will be conducted at 3:30 p.m. at the same time as the hearing on the motion to dismiss. No tentative ruling on the merits. Appearances are required at 3:30 p.m., but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 1
Updated tentative ruling as of 4/9/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
Docket 1
Off calendar. The court has reviewed the joint status report and continues the status conference on its own motion to 4/17/18 at 2:30 p.m., the date of the hearing on the motion to dismiss (the court will also advance the hearing on the motion to dismiss to 2:30 p.m.). No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Pro Se
Isabel Valdovinos Pro Se
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
1:30 PM
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01020 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
Docket 1
Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18.
Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, A Division Of Pro Se
ARNS Inc. Pro Se
Renovation Resolutions, LLC Pro Se
Recontrust Company, N.A. Pro Se
Western Progressive, LLC Pro Se
1:30 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
Docket 1
Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18.
Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By
1:30 PM
Todd M Arnold
1:30 PM
Docket 8
Off calendar. The hearing on the order to show cause is moot because the case has been dismissed for fialure to file schedules. No appearances are necessary.
Debtor(s):
Hamlet Khodagulyan Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Docket 8
Off calendar. The hearing on the order to show cause is moot because the case has been dismissed for fialure to file schedules. No appearances are necessary.
Debtor(s):
Brenda Doreen Steele Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 4
No tentative ruling as of 4/9/18. Appearances are required on 4/10/18.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
fr. 1/24/18, 2/7/18, 3/5/18
Docket 118
Updated tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
Adv#: 2:15-01323 Franowicz et al v. Cook et al
fr. 8/8/17, 10/17/17, 12/12/17
Docket 1
Updated tentative ruling as of 4/9/18. The court has reviewed the joint pretrial stipulation, and after its review, the court is of the opinion that the matter is not ready for trial. The parties have indicated that expert discovery has not been completed. Plaintiffs have stated that they will call expert witnesses at trial, and defendant reserved his right to do so. The court believes that the parties should disclose the identity of their expert witnesses and be required for such expert witnesses to produce their expert reports, and a deposition schedule be set. As to evidentiary objections to exhibits, the parties have each stated that they reserve all objections to some exhibits, which is not permitted by the court's rules and procedures, and the court will disregard the reservation of rights to object, which means that the parties asserting an objection must state specific groudns for an objection or the objections based on reservations of rights will be overruled, and such exhibits will be received into evidence. The court will allow parties some time to interpose objections based on specific grounds as to those exhibits. As to presentation of deposition testimony, plaintiffs state that they will object to the use of deposition testimony of plaintiffs, but do not state a reason. It appears to the court that the parties should mark and countermark deposition transcripts in accordance with the court's local rules and the parties can interpose objections to admission of deposition testimony at that time. In the joint pretrial stipulation, defendant stated that the trial should be bifurcated to first determine the existence of a debt and then determine whether such debt is dischargeable, but plaintiffs stated no position as to bifurcation. The court is not inclined to bifurcate the trial since there is no apparent benefit to the court or the parties by doing so, but plaintiffs will need to state their position on the issue. The parties should be prepared to discuss scheduling of expert
2:00 PM
discovery, submission of an amended joint pretrial stipulation and dates for a further pretrial conference. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/16/17. Appearances are required on 10/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 8/7/17. The court has reviewed plaintiffs' status report stating that they intend to proceed with prosecution of the adversary complaint. According to the status report, plaintiffs seek specified damages of $32,018.06 for rent and settlement costs, plus an unspecified amount of damages for attorneys' fees they have incurred. Plaintiffs should be prepared to disclose: (1) the amount of attorneys' fees that they incurred and are seeking an award and (2) the substantive legal basis for an award of attorneys' fees because none was alleged in the complaint or specified in the purchase and sale agreement for the subject property (preliminarily, the court is of the view that the attorneys' fees clause in the lease agreement would not apply since the alleged fraud was with the purchase and sale agreement).
Appearances are required on 8/8/17 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. The court has reviewed the joint pretrial stipulation. No tentative ruling on the merits. The court will discuss the issues raised in the joint pretrial stipulation regarding the effect of the approval of the settlement between trustee and the Franowicz/Gallagher parties. Appearances are required on 6/27/17.
Prior tentative ruling as of 5/26/17. Off calendar. Continued to 6/27/17 at 2:00 p.m. as stated orally at a hearing on trustee's motion to approve settlement with Franowicz/Gallagher parties in the main bankruptcy case on 5/15/17. No appearances are required on 5/30/17.
2:00 PM
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/13/17. The court has reviewed the joint status report. Appearances are required on 1/17/17 to discuss scheduling of further proceedings, including a pretrial conference.
Prior tentative ruling as of 5/27/16. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/31/16, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 2/22/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/24/16 to address scheduling and referral to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 12/14/15. Treat as contested matter under FRBP 9014. No tentative ruling on the merits. Appearances are required on 12/16/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 11/23/15. Off calendar. This matter is trailed with the pretrial conference on creditors' motion to dismiss the bankruptcy case and debtors' motion to reject executory contract, which have been continued by stipulation and order to 12/15/15 at 2:00 p.m. No appearances are required on 11/24/15.
Prior tentative ruling as of 10/9/15. Off calendar. Continued to 11/24/15 at 2:00 p.m. on the court's own motion at a hearing in the bankruptcy case on 10/6/15. No appearances are required on 10/13/15.
Prior tentative ruling. The court has reviewed the joint status report requesting that the status conference be continued until after the evidentiary
2:00 PM
hearing on creditors' motion to dismiss the underlying bankruptcy case is conducted. Appearances are required on 8/25/15 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian J Cook Represented By
Rex Tran
Victoria Velasquez Cook Represented By Andrew Goodman Rex Tran
Interested Party(s):
Courtesy NEF Represented By Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian
2:00 PM
Trustee(s):
Paul R Shankman
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 61
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/10/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
VICTORIANO AMEZCUA JR. Represented By
Rosendo Gonzalez
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
2:30 PM
[Robert A. Hessling, APC, Attorney for Chapter 7 Trustee]
Docket 58
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/10/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
VICTORIANO AMEZCUA JR. Represented By
Rosendo Gonzalez
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
2:30 PM
Docket 59
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/10/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
VICTORIANO AMEZCUA JR. Represented By
Rosendo Gonzalez
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
2:30 PM
Adv#: 2:17-01518 Mercedes-Benz Financial Services USA, LLC dba Daim v. Guerrero, Jr.
Docket 11
Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 4/10/18, but counsel may appear by telephone.
Debtor(s):
Carlos Guerrero Jr. Represented By Omar Zambrano
Defendant(s):
Carlos Guerrero Jr. Pro Se
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
John H Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 4/3/18
Docket 362
No tentative ruling as of 4/9/18. Appearances are required on 4/10/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
3:00 PM
Adv#: 2:17-01571 Porter v. Nelnet et al
Docket 36
Grant plaintiff's motion to dismiss Nelnet as a party defendant for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are optional on 4/10/18. The court will prepare and file an appropriate order.
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Nelnet Pro Se
Educational Credit Management Represented By
Scott A Schiff
United States Department Of Represented By Elan S Levey
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 298
Updated tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 6/13/17. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Elbiali Ismail Osman Represented By
Carlos F Negrete - INACTIVE - Alan W Forsley
Robert G Uriarte Raymond H. Aver
11:00 AM
Docket 1
The court has reviewed debtor's status report. The proposed claims bar date and notice dates proposed in the status report are satisfactory. Because debtor indicated on the petition that this is a single asset real estate case, debtor should advise the court whether it will be asking the court for an extension of the 90 day deadline for filing a plan or commencing adequate protection payments to avoid stay relief under 11 U.S.C. 362(d)(3) for a creditor whose claim is secured by the real estate. Appearances are required on 1/10/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
fr. 3/7/18
Docket 17
Updated tentative ruling as of 3/6/18. As to the 149 W. Hillcrest Blvd., Inglewood, CA property, the motion is resolved by stipulation as between Debtor and Creditor Wells Fargo Bank and should otherwise be granted for the reasons stated in the moving papers and for lack of timely opposition.
As to the 4935 Indian Wood Road $#443, Culver City, CA property, Debtor needs to address the opposition of Creditor Bank of America that its cash collateral should be segregated, the operation of the property generates a negative budget with no explanation of how the shortfall will be covered, the proposed budget for use of cash collateral of this Creditor has items that are not sufficiently justified, such as property management expenses and "other" expenses. No tentative ruling otherwise on the motion.
Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses. There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
9:00 AM
fr. 12/6/17, 3/1/18
Docket 213
Updated tentative ruling as of 4/11/18. Off calendar. Continued by stipulation and order to 5/10/18 at 10:00 a.m. No appearances are required on 4/12/18.
Prior tentative ruling as of 2/28/18. Off calendar. Continued by stipulation and order to 4/12/18 at 9:00 a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 2/26/18. The court first notes that the parties submitted unilateral pretrial stipulations with counsel declarations as to the circumstances why the pretrial stipulations are unilateral. Aside from the issue of the declaration of counsel for debtor is not properly subscribed under 28 U.S.C. 1746(1) outside the United States requiring the language, "under the laws of the United States of America" as part of the jurat, the court disregards the unilateral pretrial stipulations because the court did not order that pretrial stipulations be filed, only witness and exhibit lists of the parties.
It seems that movant will be able to show at trial that debtor is in material default of the confirmed plan because it is now the assignee of the note and trust deed by the original noteholder, Bank of America, at the time of plan confirmation and that not all the plan payments on the claim have been made. Thus, there are probably grounds at least under 11 U.S.C. 1112(b)(4)(N) to establish cause to dismiss or convert. The court would have to consider what would be in the best interests of creditors and the estate to dismiss or convert once cause is shown. In re Sullivan, 522 B.R. 604 (9th Cir. BAP 2014).
Thus, in this regard, the court would have to consider the interests of all creditors and the estate, and not just movant.
9:00 AM
Perhaps movant may want to reconsider asking for dismissal here because dismissal is not going to get movant where it wants to go, i.e., revocation of the confirmed plan to restore its prebankruptcy rights, as argued in its trial brief at 22. The cases movant cites, In re Nash, 765 F.2d 1410 (9th Cir.
1985) and In re Case, 27 B.R. 844 (Bankr. D.S.D. 1983), are completely inapposite since those were Chapter 13 cases, citing 11 U.S.C. 1307(b) and a Chapter 13 debtor's right of voluntary dismissal under that provision. In contrast, this is a Chapter 11 case where a debtor has no right of voluntary dismissal, and there is only one statute that provides for revocation of a confirmed plan, 11 U.S.C. 1144. Mere payment default is not enough to revoke a confirmed plan, but only if plan confirmation was procured by fraud as shown in an adversary proceeding commenced within 180 days of the entry of the plan confirmation order. 11 U.S.C. 1144; see also, 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 11:2305-11:2315 at 11-278 - 11-279 (2017). The statute cited by movant, 11 U.S.C. 349, does not support its position since the statutory language does not revoke the plan. Id.
The parties are still bound by the plan, even if the Chapter 11 case is dismissed, since the plan has res judicata effect and the court lacks authority to vacate plan provisions which modify or cram down movant's lien. See 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 5:1962 at 5(II)-27 and 11:2294 at 11-278, citing cases. The plan would be still enforceable as a state law contract, and dismissal of the case would mean that the court would not have jurisdiction to enforce the contract and the parties would probably have to go to state court to enforce their rights under the plan contract. Thus, in light of the applicable law as discussed herein, perhaps movant may want to consider taking up the suggestion of counsel for debtor to meet and confer and "work it out." The court would consider a short stipulated continuance of trial for counsel to consider these points and/or discuss a consensual resolution of the matter.
Appearances are required on 3/1/18.
9:00 AM
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact regarding debtor's performance under the confirmed plan and creditor's standing to be resolved in an evidentiary hearing. Treat the hearing on 12/6/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/6/17, and the parties may not call their witnesses to testify on 12/6/17. The court estimates that the evidentiary hearing will take one day and will schedule it for either January or February 2018. If either party believes that there are no genuine issues of material fact and it is entitled to judgment as a matter of law, it may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
9:00 AM
Docket 1
Updated tentative ruling as of 4/11/18. Off calendar. Continued by stipulation and order to 5/10/18 at 10:00 a.m. No appearances are required on 4/12/18.
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on 12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation
9:00 AM
and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
10:30 AM
#1.00 Cont'd hearing re: Motion for relief from stay (U.S. Bank Trust National Association VS Debtor) fr. 3/20/18, 4/10/18
Docket 177
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Movant should address debtor's arguments that the note is paid in full due to mortgage insurance, which may or may not be true, and explain its standing to enforce the note and trust deed if the note has been paid. Appearances are required on 4/17/18.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Movant has standing to seek stay relief because it has a colorable claim to enforce the trust deed as the substitute foreclosure trustee. In re Rozier, BAP No. CC-12-1359- KiPaD, 2013 WL 4428808 (9th Cir. BAP 2013), citing, California Civil Code Sections 2924 through 2924k and Debrunner v. Deutsche Bank National Trust Co., 204 Cal.App.4th 433, 440 (2012), affirmed, 623 Fed. Appx. 517 (9th Cir. 2015), citing inter alia, In re Griffin, 719 F.3d 1126, 1128 (9th Cir.
2013). In its reply, movant has submitted evidence that it is the current holder of the note based on endorsements of the note, and has shown that it has standing to enforce the note as the noteholder. In re Griffin, 719 F.3d 1126 (9th Cir. 2013).
No tentative ruling on request for relief under 11 U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr. C.D. Cal. 2012).
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal authority
10:30 AM
and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
No tentative ruling on the request to waive the 14-day waiting period under FRBP 4001(a)(3).
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 38
No tentative ruling in light of the opposition filed by the borrower on the subject property. There appears to be a disputed issue of material fact regarding Exhibit 8, notice of a purported transfer of a fractional interest to debtor, which may require an evidentiary hearing. If Exhibit 8 is authentic, this may constitute grounds for stay relief under 11 U.S.C. 362(d)(4), but if Exhibit 8 is not authentic, this may show that relief under 11 U.S.C. 362(d)(4) is not appropriate, but the court should grant relief under 11 U.S.C. 362(d)(1) because movant has a colorable claim to enforce in its nonbankruptcy remedies outside this court.
In any event, if relief under 11 U.S.C. 362(d)(4) is granted, based on debtor's opposition, the court does not make any finding of bad faith on his part since there is no evidence in the record that he had anything to do with the transfer, and it appears on this record that his bankruptcy case is being used by another for an improper purpose to stop the collection enforcement action of movant. In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012). The court is inclined to set an evidentiary hearing on movant's claim under 11 U.S.C.
362(d)(4) since it is factually disputed by the borrower, and granting such relief would affect her rights.
Appearances are required on 4/17/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Manuel Terrazas Represented By Leslie Richards
10:30 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies, including retroactive annulment of stay, for the reasons stated in the moving papers and for lack of timely written opposition. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Chang Ah Choi Represented By
Raj T Wadhwani
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Reynaldo Muro Represented By Sundee M Teeple
Joint Debtor(s):
Sonia Verdugo Muro Represented By Sundee M Teeple
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
10:30 AM
Docket 11
No tentative ruling in light of debtor's opposition to the motion. Appearances are required on 4/17/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Ronald Jefferson Jr Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
(2) and California Civil Code §3439, et seq.] fr. 10/17/17, 11/28/17, 5/29/18
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and attorneys.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Lee adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 9/30/15 and set a post-discovery status conference for 10/27/15 at 1:30 p.m. Order the matter
to mediation under the court's mediation program, and parties to file a request
1:30 PM
for selection of mediator and alternate by 3/31/15 and to complete mediation by 10/27/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01563 Rund, Chapter 7 Trustee v. Lee, an individual et al
fr. 10/17/17, 11/28/17, 1/23/18
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding in light of substitution of counsel for defendants. Appearances are required on 1/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and Microland and the scheduling of defendants' motion for summary judgment. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Microland adversary proceeding, bbut counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/10/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/6/16 to discuss scheduling of further proceedings, including filing of supplemental pleadings, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. The court has reviewed the joint status report, noting the hearings on the pending motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m., and continues the status conference to the date and time of the hearings on the motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m. No appearances are required on 7/19/16
Prior tentative ruling as of 4/11/16. No tentative ruling on the merits. Appearances are required on 4/12/16.
Prior tentative ruling as of 4/4/16 at 5:30 p.m. Off calendar. Continued on the court's own motion to 4/12/16 at 2:30 p.m. since the hearing on the motion to dismiss is continued to that date and time. No appearances are required on 4/5/16.
Prior tentative ruling as of 3/7/16. ff calendar. Continued by separate order on the court's own motion for further briefing to 4/5/16 at 3:00 p.m. No appearances are required on 3/8/16.
Prior tentative ruling. In light of defendants' pending motion to dismiss or for more definite statement noticed for hearing on 3/8/16 at 3:00 p.m., the court continues the status conference to that date and time on its own motion since the determination of that motion may affect the status of the adversary proceeding. No appearances are required on 2/9/16.
Debtor(s):
Amergence Technology Inc Represented By
1:30 PM
Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Albert Lee, an individual Pro Se Business Legal Partners Attorneys Pro Se DOES 1 through 10 Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr. 7/25/17, 8/29/17, 1/18/18
Docket 132
Updated tentative ruling as of 4/16/18. This contested matter appears to be moot based on the court's approval of trustee's motion to approve settlement with claimants. If no appearances are made, the court will assume that the matter is settled and should be taken off calendar. Appearances are optional on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 1/18/18.
No updated tentative ruling as of 8/28/17. Appearances are required on 8/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 and set a pretrial schedule, including discovery proceedings. Sustain trustee's objections to Ahumibe Declaration for lack of foundation. Movants will have to prove their entitlement to the funds in the escrow account in this contested matter because there is insufficient evidence that the funds belong to them as exempt sale proceeds relating to a sale of a prepetition asset of theirs which may be otherwise part of the bankruptcy estate of their personal bankruptcy case, and the trustee of movants' personal bankruptcy case may have to be joined as a party to this contested matter. Appearances are required on 5/30/17, but counsel may appear by telephone.
1:30 PM
Debtor(s):
CalCounties Title Nation Company Represented By
Allan Calomino
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman Alfred H Siegel (TR) Lindsey L Smith
1:30 PM
Adv#: 2:17-01128 Leslie v. Edward C. Lee, CPA
recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 10/17/17, 1/9/18, 2/20/18
Docket 1
Updated tentative ruling as of 4/16/18. Off calendar. Continued by stipulation and order to 5/29/18 at 1:30 p.m. No appearances are required on 4/17/18.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/20/18 at 1:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/16/17. Off calendar. Continued by stipulation and order to 1/9/18 at 1:30 p.m. No appearances are required on 10/17/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report stating that the matter is in the process of being resolved and continues the status conference on its own motion to 6/27/17 at 1:30 p.m. Plaintiff to notify defendant of the continuance. No appearances are required on 4/4/17, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
Defendant(s):
Edward C. Lee, CPA Pro Se
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
fr. 10/24/17, 1/16/18
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The status conference will be conducted on the 2:30 p.m. calendar with the hearing on plaintiff's motion for default judgment. Appearances are required at 2:30 p.m., not 1:30 p.m. No tentative ruling on the merits.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/24/17, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
Defendant(s):
Hye Jung Oh Pro Se
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:17-01518 Mercedes-Benz Financial Services USA, LLC dba Daim v. Guerrero, Jr.
fr. 1/9/18
Docket 1
Updated tentative ruling as of 4/16/18. Off calendar. The status conference is moot and unnecessary since the court orally granted plaintiff's motion for default judgment at the hearing on the motion on 4/10/18 and the court entered the default judgment on 4/12/18. No appearances are required on 4/17/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report, and in light of default being entered against defendant, the court on its own motion continues the status conference to 4/17/18 at 1:30 p.m. to allow time for plaintiff to prepare and file its motion for default judgment. No appearances are required on 1/9/18.
Debtor(s):
Carlos Guerrero Jr. Represented By Omar Zambrano
Defendant(s):
Carlos Guerrero Jr. Pro Se
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
John H Kim
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 9/26/17, 11/28/17, 2/13/18
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/25/17. Off calendar. Continued by stipulation and order to 11/28/17 at 2:00 p.m. No appearances are required on 9/26/17.
Prior tentative ruling as of 6/26/17. Off calendar. Continued by stipulation and order to 8/29/17 at 2:00 p.m. No appearances are required on 6/27/17.
Prior tentative ruling as of 3/20/17. Off calendar. Continued by stipulation and order to 4/25/17 at 2:00 p.m. No appearances are required on 3/21/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/20/15, but counsel may appear by telephone.
Debtor(s):
Peter James Eichler Jr Represented By Christian T Kim James A Dumas Jr Miri Kim Wakuta
2:00 PM
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 16
Off calendar. Motion withdrawn by notice filed on 4/6/18. No appearances are necessary.
Debtor(s):
Brett Clark Represented By
David H Chung
Movant(s):
Brett Clark Represented By
David H Chung
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
U.S.C. section 727(a)(2)(A); 3. for denial of discharge pursuant to 11 U.S.C. section 727 (a)(4)(A); 4. for denial of discharge pursuant to 11 U.S.C. section 727(a)(5); and 5. for a finding of alter ego liability
Docket 7
The court should rule upon defendants' motion to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted as follows:
Grant as 1st cause of action because the allegations therein are conclusory and do not allege specific facts relating to alleged fraudulent transfers which are the basis of its claim under 11 U.S.C. 523(a)(2)(A) based on the Supreme Court's decision in Husky International Electronics, Inc. v.
Ritz, 136 S.Ct. 1581 (2016); accord, DZ Bank AG Deutsche Zentral- Genossenschaft Bank v. Meyer, 869 F.3d 839 (9th Cir. 2017). Leave to amend is granted to cure this defect.
Grant as to 2nd cause of action because the alleged transfers are beyond the one-year period before the petition date for which a claim under 11 U.S.C. 727(a)(2)(A) may be based. Leave to amend is granted to cure this defect.
Deny as to 3rd cause of action because the allegations assert a plausible claim for relief.
Deny as to 4th cause of action because the allegations assert a plausible claim for relief.
Grant as to 5th cause of action because plaintiff is essentially seeking relief to impose liability on nondebtor parties, the alleged alter ego parties, for the debts of debtors, which is to substantively consolidate debtors' bankruptcy
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estates with the estates of these nondebtor parties for which plaintiffs lack standing as creditors as opposed to the trustee to seek such relief, for lack of notice to the alleged alter ego nondebtor parties and their creditors since these parties have not been served with the summons and complaint, and for failure to allege specific facts to support any substantive consolidation of debtors' estates with those of the nondebtor parties. See 2 Levin and Sommer, Collier on Bankruptcy, paragraph 105.09 at pages 105-92 - 105-112 (16th ed. 2017). Leave to amend is not granted because plaintiff lacks standing to seek such relief.
Leave to amend an original complaint is routinely granted pursuant to FRCP 15(a), and it would be an abuse of discretion not to grant leave to amend an initial complaint unless such amendment is futile. National Council of La Raza v. Chegavske, 800 F.3d 1032, 1041 (9th Cir. 2015)("It is black-letter law that a district court must give plaintiffs at least one chance to amend a deficient complaint, absent a clear showing that amendment would be futile.") (citations omitted).
Plaintiff to advise how much time she needs to serve and file an amended complaint. Appearances are required on 4/17/18, but counsel may appear by telephone.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Represented By Baruch C Cohen
Isabel Valdovinos Represented By Baruch C Cohen
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By
2:30 PM
Movant(s):
William Radcliffe
Alfonso Spindola Valdovinos Represented By Baruch C Cohen
Isabel Valdovinos Represented By Baruch C Cohen
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
fr. 4/10/18
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and continues the status conference on its own motion to 4/17/18 at 2:30 p.m., the date of the hearing on the motion to dismiss (the court will also advance the hearing on the motion to dismiss to 2:30 p.m.). No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Pro Se
Isabel Valdovinos Pro Se
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By
2:30 PM
William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
3:00 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
U.S.C. section 727(a)(2)(A); 3. for denial of discharge pursuant to 11 U.S.C. section 727 (a)(4)(A); 4. for denial of discharge pursuant to 11 U.S.C. section 727(a)(5); and 5. for a finding of alter ego liability
Docket 7
The hearing on the motion is advanced to the 2:30 p.m. calendar. Appearances are required at 2:30 p.m.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Represented By Baruch C Cohen
Isabel Valdovinos Represented By Baruch C Cohen
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Movant(s):
Alfonso Spindola Valdovinos Represented By Baruch C Cohen
3:00 PM
Isabel Valdovinos Represented By Baruch C Cohen
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
3:00 PM
Adv#: 2:18-01047 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Sican Roca et al
Docket 13
Grant defendants' motion to dismiss the adversary complaint for failure to state a claim upon which relief can be granted, but with leave to amend. The court agrees with defendants that the complaint does not adequately plead plausible claims. To the extent that plaintiff is relying upon a claim of the Internal Revenue Service for income taxes to fall within the 10-year statute of limitations for collection of taxes under 26 U.S.C. 6502(a)(1), plaintiff must allege a plausible claim that there was a tax liability owed by debtors at the time of the transfer and that the collection statute of limitation was still open at the time that this action was brought. However, in this case, since the alleged IRS tax liability of debtors is unassessed, plaintiff must plausibly allege that the statute of limitations for assessment of additional taxes against debtors under 26 U.S.C. 6501 is still open, so the tax is still assessable, which deadline is generally three years from the due date of the return, on or about 4/15/09, for calendar year 2008 since it appears that the return was filed before the due date, which deadline appears to have been or or about 4/15/12. The assessment statute of limitations may be longer than three years for a substantial omission of income or for fraud or evasion of tax under 26 U.S.C. 6501. If the IRS has not made an assessment of additional taxes within the statute of limitations on assessment, it cannot bring any action to collect tax. The complaint does not address this issue, only stating that the 10-year collection statute of limitations has not expired on information and belief.
The complaint alleges that on information and belief, the IRS will file a proof of claim in this case. However, as of 4/16/18, it has not done so, though the deadline for governmental claims is 5/21/18. If the IRS does not file a proof of claim, does this mean that plaintiff cannot rely on the IRS's standing to
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bring a fraudulent transfer action?
The allegations of the complaint are unclear about plaintiff's theory of tax liability based on unreported rental income, i.e., is plaintiff alleging that the property is owned by debtors despite the transfer of legal title, and if this is so, it is not clear. See In re Cass, 606 Fed. Appx. 318 (9th Cir. 2015)(creditor's judgment lien arising after fraudulent transfer of property attached to debtor's equitable interest in property since title transfer was a sham and debtor retained control and dominion over property). If the property was transferred to debtor's brother, and it is his now, then any rental income from the property would be attributable to him rather than debtor. The allegations in the complaint only assert that the transfer of the property by debtor husband to his brother was fraudulent because it was made for no consideration while debtors were insolvent, but not that debtors retained an equitable interest in the property.
If plaintiff asserts that debtors retained an equitable interest in the property despite transfer of legal title, it would seem that plaintiff does not need to rely on the IRS collection statute of limitations to assert a fraudulent transfer claim because such equitable interest would be property of this bankruptcy estate. In re Cass, supra.
The court agrees with defendants that the eleventh cause of action for denial of discharge fails to state a claim upon which relief can be granted. First, the cause of action contains two separate claims, one under 11 U.S.C. 727(a)(3), and one under 11 U.S.C. 727(a)(4). The claims are not adequately pleaded because there is no pleading of facts to support the elements of a claim under either statute.
Appearances are required on 4/17/18, but counsel may appear by telephone.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
3:00 PM
Defendant(s):
Marvin Abel Sican Roca Represented By Daniel King
Angelica Maria Rodriguez Represented By Daniel King
Oscar L. Sican Represented By Daniel King
Angelica Sican Martinez Represented By Daniel King
Bayview Loan Servicing, LLC. Represented By Jeffrey B Gardner
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Adjoa Anim-Appiah
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
11:00 AM
Docket 82
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Shulman Hodges & Bastian LLP
11:00 AM
Docket 77
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Shulman Hodges & Bastian LLP
11:00 AM
Docket 88
- NONE LISTED -
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
11:00 AM
fr. 1/17/18
Docket 36
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. The United States Trustee has requested voluntary dismissal/withdrawal of his motion, but several parties have already responded to the motion, and the parties do not agree as to whether the case should be dismissed or converted. Appearances are required on 4/18/18, but counsel may appear by telephone.
Revised tentative ruling as of 1/16/18. The court is considering granting motion of United States Trustee to dismiss, convert or appoint trustee for the reasons stated in the moving papers for lack of compliance with United States Trustee information reporting requirements under 11 U.S.C. 1112(b)(4)(H) since cause may be shown by the moving papers and is not apparently disputed by debtor. However, before the court concludes that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court could allow debtor an opportunity to cure the United States Trustee information reporting deficiencies and allow the case to proceed.
If the court determines that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court must consider and decide whether conversion, dismissal or trustee appointment is in the best interests of creditors and the estate under 11
U.S.C. 1112(b)(1). In re Sullivan, 522 B.R. 604, 612 (9th Cir. BAP 2014). However, there are conflicting positions among creditors regarding whether the case should be dismissed, converted to Chapter 7, or a trustee appointed in the best interests of creditors and the estate and the United States Trustee has no recommendation as between dismissal or conversion. One creditor, the judgment creditor Second Generation, Inc., contends that trustee appointment or conversion is in the best interests of creditors and the estate
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because the creditors supporting dismissal are sham creditors and debtor's schedules and monthly operating reports reflect an unexplained dissipation of about $240,000 in bank deposits shortly after petition date. The creditors supporting dismissal assert that they are owed large amounts and that conversion or trustee appointment will not allow the debtor to continue to operate to generate business revenue to pay them back. In making its determination of what is in the best interests of creditors and the estate, it is not simply a matter of the majority vote of creditors or which is largest and most vocal creditor, but what is in the best interests of all creditors. In re Sullivan, 522 B.R. at 612-613. The court believes that in fairness to the parties that it should conduct an evidentiary hearing if cause is found to determine whether it should dismiss or convert the case or appoint a trustee and hear testimony and receive evidence from debtor and creditors and interested parties, such as the United States Trustee, to resolve the contentions of the disputing parties on dismissal, conversion or trustee appointment (i.e., whether the allegedly suspect creditors which support dismissal have bona fide claims, whether debtor has an explanation for the alleged postpetition dissipation of its bank deposits). Appearances are required on 1/17/18, but counsel may appear by telephone. The court will set a schedule for the evidentiary hearing after considering the views and pretrial needs of the parties, including discovery.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
11:00 AM
Docket 1
Updated tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
11:00 AM
#3.00 Hearing re: Debtor's motion to dismiss chapter 11 case
Docket 61
Grant debtor's motion for voluntary dismissal for the reasons stated in the moving papers and for lack of timely written opposition in that cause is shown due to debtor's inability to reorganize and dismissal is in the best interests of creditors and the estate given the lack of equity in assets to pay creditors.
Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
Movant(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
Docket 94
Updated tentative ruling as of 4/16/18. Deny approval of disclosure statement. The amended disclosure statement is difficult to follow and confusing. The court thinks it can be boiled down to the following chart. Appearances are required on 4/18/18, but counsel may appear by telephone.
Goins feasibility analysis Payments on Effective Date Loan arrearages to Umbrella on 65th Street: | $136,107.20 |
$27,844.89 | |
Priority claims | |
IRS | $1,818.51 |
IRS | $40.079.00 |
FTB | $111.59 |
City of LA | $361.09 |
Unsecured general claims (100% payment): | $7,636.43 |
Professional fees | |
United States Trustee fees |
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Total
Source of payments on effective date:
Family contribution: $150,000
Estate funds (including sale of Bronson property)
Total
Payment of Secured claims:
Bedford property $5,842.83
Property taxes
Source of payments on Bedford Estate income (including from
Trust property management fees and 65th Street rental income)
65th Street property $3,600.00
Property taxes
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Other expenses
Source of payments on 65th Street
Rental income on 65th Street $8,300.00
Income and expense for plan:
Income Trust management fee income | $5,000.00 |
Rental income from 65th Street | $8,300.00 |
$13,300.00 | |
Expenses | |
Rental property expenses from | |
65th Street Personal expenses, including | $4,300.00 |
Bedford mortgage | $7,750.00 |
Total expenses | $12,050.00 |
Net income | $1,300.00 |
Updated tentative ruling as of 4/16/18. | No tentative ruling on the merits. |
Appearances are required on 4/18/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to
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draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits.
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Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on
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9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:30 AM
Docket 110
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
Docket 487
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including retroactive annulment of stay, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 4 for lack of legal authority and/or evidentiary support. In re Van Ness, 399
B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Movant(s):
Agio Investment LLC Represented By James S Yan
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 200
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for stay annulment as movant has not shown that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Movant(s):
U.S. Bank National Association Represented By Matthew R. Clark III Theron S Covey Cassandra J Richey
10:30 AM
(Drive Time Carsales Company LLC VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for retroactive annulment of stay since it is not clear why annulment is needed since the repossession took place on the same day that the petition was filed, but earlier in the day.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Victor S. Courtney Represented By Jennifer Ann Aragon
Movant(s):
DriveTime Carsales Company LLC Represented By
Caren J Castle
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(AmeriCredit Financial Services, Inc. dba GM Financial VS Debtor)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jerraine Craine Pro Se
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Aida Gelyana Represented By Roland H Kedikian
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtors)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for retroactive annulment of stay since it is not clear why annulment is needed since the papers do not indicate that movant took any action in violation of stay in accepting the surrender of the vehicle. Movant otherwise to clarify why it needs annulment relief.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Edward J Daub Represented By Daniel King
Joint Debtor(s):
Diana O Daub Represented By Daniel King
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Rafael Madrigal Solorzano Represented By Daniel F Jimenez
Joint Debtor(s):
Maria Dolres Solorzano Represented By Daniel F Jimenez
Movant(s):
The Golden 1 Credit Union Represented By Brian T Harvey
10:30 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Joseph Sayed Baha Represented By Roland H Kedikian
Movant(s):
Bank of America, N.A. Represented By
Raffi Khatchadourian
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
10:30 AM
(Western National Securities dba Western National Property Management VS Debtor)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
Seabrook Apartments, LLC Represented By Scott Andrews
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
Pointe Niguel Partners L.P. Represented By Scott Andrews
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
ST APARTMENTS, LLC Represented By Scott Andrews
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 4
No tentative ruling as to request for relief from stay pursuant to 11 U.S.C. 362(d)(1) in light of debtor's opposition to motion.
Deny request for relief from stay pursuant to 11 U.S.C. 362(d)(2) for lack of evidentiary support showing that debtor has no interest in the subject property. There is no certified title report indicating that debtor has no interest or no equity in the subject property.
Deny request for extraordinary relief in paragraph 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009).
Deny request for relief under 11 U.S.C. 362(b)(22) and (23) that there is no stay since movant has not met the conditions of these provisions with evidence of a judgment for possession under 11 U.S.C. 362(b)(22) and (23).
Movant requested relief under 11 U.S.C. 362(b)(22) and (23) without any reasonable basis in fact and law, and the court requires signing counsel for movant, Lane M. Nussbaum, to appear and show cause why sanctions of
$100 should not be imposed against him and his law firm, Nussbaum APC, for requesting such relief without a reasonable basis in fact and law under Fed. R. Bankr. P. 9011.
Appearances are required on 4/24/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
10:30 AM
Debtor(s):
Robert Whitfield Pro Se
Movant(s):
LIBERTY FUND, LLC Represented By
Lane M Nussbaum
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Docket 253
No tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Andrew Edward Smyth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
1:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 8/29/17, 11/7/17, 2/6/18
Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. Continued by stipulation and order to 5/29/18 at 1:30 p.m. No appearances are required on 4/24/18.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to
1:30 PM
discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
1:30 PM
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01320 Pistello v. ACS Education Services, Inc.
Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. The court has reviewed the joint status report stating that the matter is being settled and requesting a 4-week continuance of the status conference to document the settlement.
The court on on its own motion continues the status conference to 5/29/18 at 1:30 p.m. No appearances are required on 4/24/18. Counsel for defendant to give notice to plaintiff.
tentative ruling as of 12/11/17. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/18 and a further postdiscovery status conference for 4/24/18 at 1:30 p.m. with a joint status report due on 4/17/18. Order the matter to mediation under the court's mediation program, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 4/24/18. Appearances are required on 12/12/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/10/17, but counsel may appear by telephone.
Debtor(s):
Michael Merritt Pistello Represented By Mark J Markus
Defendant(s):
ACS Education Services, Inc. Pro Se
1:30 PM
Plaintiff(s):
Michael Merritt Pistello Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
fr. 12/13/17, 3/2/18
Docket 140
Updated tentative ruling as of 4/23/18. As set for in its order of 2/6/18, the court intends to overrule the objection without prejudice in light of conversion of the case to Chapter 7 from 11 and the appointment of a Chapter 7 trustee if no appearance is made at the status conference on 4/24/18. Appearances are optional on 4/24/18, but counsel may appear by telephone.
Prior tentative ruling. Overrule debtor's objection to the claim of Law Offices of Marilyn Smith without prejudice because debtor did not include a copy of the proof of claim in the moving papers and list the number of the proof of claim as required by Local Bankruptcy Rule 3007-1(c)(2) and (a)(2), and because there is no proof of service of the objection (only the notice of objection). The court does not reach the merits of the objection or opposition to the objection until debtor remedies the procedural deficiencies of his objection. Appearances are required on 12/13/17, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
Movant(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01047 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Sican Roca et al
(4) recovery of avoided transfer; (5) a declaratory judgment quieting title to real property;
(6) imposition of a constructive trust; (7) accounting; (8) turnover; (9) injunctive relief;
(10) sale of a property in which a non-debtor asserts an interest; and (11) denial of discharge
Docket 1
Off calendar. Continued to 6/26/18 at 1:30 p.m. by order entered on 4/18/18. No appearances are required on 4/24/18.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Defendant(s):
Marvin Abel Sican Roca Pro Se
Angelica Maria Rodriguez Pro Se
Oscar L. Sican Pro Se
Angelica Sican Martinez Pro Se
Bayview Loan Servicing, LLC. Pro Se
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
1:30 PM
Trustee(s):
Zi Chao Lin
Adjoa Anim-Appiah
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
Adv#: 2:13-01443 Gill et al v. Nexgen Energy Holdings PCC, an Isle of Mann Compan
Docket 249
Updated tentative ruling as of 4/23/18. Trustee should clarify: (1) how debtor held title in the subject real property to explain the relationship between the property and defendant Shetabi since this is not specifically described in the third amended complaint (i.e., was property held as community property?); and (2) one of the three sales comparables in the appraisal report had an incomplete transaction date and may need to be corrected. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Defendant(s):
Nexgen Energy Holdings PCC, an Pro Se Wilton Group Pro Se
Anthony Barber Pro Se
Tony Flanagan Pro Se
Nicole Hewson Pro Se
Ebrahim Kahen-Kashani Represented By
Mary Der-Parseghian - INACTIVE - Beneficiaries of Private Trust J999 Pro Se
Linda Shetabi Pro Se
2:30 PM
Plaintiff(s):
DAVID Gill Represented By
Michael T Boardman
Diane C. Weil Represented By Nathan D Meyer
Trustee(s):
Diane C Weil (TR) Represented By Eric P Israel
2:30 PM
Adv#: 2:13-01443 Gill v. Nexgen Energy Holdings PCC
fr. 11/28/17, 1/30/18, 3/27/18
Docket 1
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/17. Off calendar. The court has reviewed plaintiff's unilateral status report and noted that the docket reflects that default has been entered against defendant Shetabi on the third amended complaint. The court on its own motion continues the status conference for about 60 days to 3/27/18 at 1:30 p.m. to allow time for plaintiff to file a renewed motion for entry of default judgment. No appearances are required on 1/30/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed trustee's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/7/17, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/16. The parties in their joint status report indicated that they had an interest in mediation. Perhaps the parties can consider and discuss the possibility to refer the matter first to mediation before proceeding with full-blown litigation of the remaining claims.
Appearances are required on 10/11/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/6/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. The court has reviewed the joint status report of some of the parties appearing in this matter, including the attached statement of the Burris Parties, as well as the separate status statement of Eric Herrera.
The court also notes the parties used an obsolete version of the Joint Status Report form from December 2012, and in the future, the parties should use the current version of the form adopted in December 2015. The new joint status report form solicits the parties' positions as to whether they consent to the bankruptcy court's determination of noncore claims in light of Stern v.
Marshall, 131 S.Ct. 2594 (2011), Executive Benefits Insurance Agency v. Arkison, 134 S.Ct. 2165 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S.Ct. 1932 (2015). If consent of all parties is given, the bankruptcy court will enter a final judgment, but if consent of all parties is not given, then the court will issue proposed findings of fact and conclusions of law for de novo review by the district court. Id.
Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/8/2014. Off calendar. The court has issued an order vacating the hearings and taking the matters under submission.
2:30 PM
Revised tentative ruling as of 12/2/14. Off calendar. The court continues the status conference on its motion to 12/9/14 at 2:00 p.m. due to congestion on the court's calendar, its continuing deliberation on the various dismissal motions. and the inclement weather today. No appearances are required on 12/2/14.
Prior tentative ruling as of 12/1/14. No tentative ruling. Appearances are required on 12/2/14. Counsel may appear telephonically.
Prior tentative ruling as of 11/24/14. Off calendar. The status conference is continued on the court's own motion to 12/2/14 at 3:30 p.m. in light of the continuances of the pending motions to dismiss. No appearances are required on 11/25/14.
Tentative ruling as of 11/17/14. Off calendar, continued to 11/25/14 at 3:30
p.m. by order entered 11/17/14. Appearances are not required on 11/18/14.
Updated tentative ruling as of 8/25/14. Off calendar. The court on its own motion continues the status conference to 9/23/14 at 2:30 p.m. to be conducted with the hearings on the defendants' motions to dismiss the third amended complaint. No appearances are required on 8/26/14
Prior tentative ruling as of 7/28/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 8/26/14 at 1:30 p.m. in light of the dismissal of the second amended complaint and the time for filing and serving a third amended complaint has not expired. No appearances are required on 7/29/14
Prior tentative ruling as of 6/2/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 7/29/14 at 1:30 p.m. in light of the pending motions of several defendants to dismiss to be heard on 6/17/14 and 7/8/14 and in light of plaintiff's continuing efforts to effect service of process on other defendants. No appearances are required on 6/3/14
Prior tentative ruling as of 1/13/14. Off calendar. To be heard at 3:00 p.m.
2:30 PM
calendar with plaintiff's motion to file amended complaint. Appearances are required on 3:00 p.m. calendar, not at 1:30 p.m..
No updated tentative ruling as of 11/25/13. Appearances are required on 11/26/13, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Appearances are required on 10/15/13 to discuss scheduling and the status of mediation since the parties do not agree. Since the parties intend to bring cross-motions for summary judgment, the court request the parties to discuss and consider trying the case on stipulated facts in lieu of cross-motions for summary judgment.
Prior tentative ruling The court has reviewed the joint status report. Appearances are required on 6/11/13 to discuss scheduling and mediation since the parties do not agree.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Defendant(s):
Nexgen Energy Holdings PCC Pro Se
Plaintiff(s):
DAVID Gill Represented By
Nathan D Meyer
Trustee(s):
David A Gill (TR) Pro Se
David A Gill (TR) Represented By David A Gill (TR)
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
2:30 PM
Docket 64
Grant trustee's motion to approve certain sale procedures for debtor's artwork and for authority to enter into consignment agreement with Ace Gallery for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 4/24/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Movant(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Docket 60
Grant debtor's motion for authority to obtain post-petition insurance premium financing to obtain property insurance for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 4/24/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
3:00 PM
Adv#: 2:17-01415 Gross v. Kelly
Docket 39
Revised tentative ruling as of 4/23/18 at 5:30 p.m. Off calendar. The court is issuing a written order continuing the hearing on the motion to 5/23/18 at 1:30
p.m. The order requires the parties to redact personal identifier information in their papers as required by FRBP 7037 and LBR 7037-1. The parties improperly stated the names of minor children and other personal identifiers in their papers. The parties also cited to numerous unreported court decisions in their papers and failed to provide the court with unmarked, complete copies of these decisions as required by LBR 9013-2(c)(3)(D). No appearances are required on 4/24/18.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Represented By
Cassandra K. Riles
Movant(s):
Mark P. Gross Represented By Gary A Starre
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
3:00 PM
Trustee(s):
Heide Kurtz (TR) Pro Se
9:00 AM
fr. 1/17/18
Docket 36
Update d tentative ruling as of 4/23/18. Off calendar. Evidentiary hearing vacated by order filed on 4/11/18. No appearances are required on 4/25/18.
Revised tentative ruling as of 1/16/18. The court is considering granting motion of United States Trustee to dismiss, convert or appoint trustee for the reasons stated in the moving papers for lack of compliance with United States Trustee information reporting requirements under 11 U.S.C. 1112(b)(4)(H) since cause may be shown by the moving papers and is not apparently disputed by debtor. However, before the court concludes that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court could allow debtor an opportunity to cure the United States Trustee information reporting deficiencies and allow the case to proceed.
If the court determines that cause is shown under 11 U.S.C. 1112(b)(4)(H), the court must consider and decide whether conversion, dismissal or trustee appointment is in the best interests of creditors and the estate under 11
U.S.C. 1112(b)(1). In re Sullivan, 522 B.R. 604, 612 (9th Cir. BAP 2014). However, there are conflicting positions among creditors regarding whether the case should be dismissed, converted to Chapter 7, or a trustee appointed in the best interests of creditors and the estate and the United States Trustee has no recommendation as between dismissal or conversion. One creditor, the judgment creditor Second Generation, Inc., contends that trustee appointment or conversion is in the best interests of creditors and the estate because the creditors supporting dismissal are sham creditors and debtor's schedules and monthly operating reports reflect an unexplained dissipation of about $240,000 in bank deposits shortly after petition date. The creditors supporting dismissal assert that they are owed large amounts and that
9:00 AM
conversion or trustee appointment will not allow the debtor to continue to operate to generate business revenue to pay them back. In making its determination of what is in the best interests of creditors and the estate, it is not simply a matter of the majority vote of creditors or which is largest and most vocal creditor, but what is in the best interests of all creditors. In re Sullivan, 522 B.R. at 612-613. The court believes that in fairness to the parties that it should conduct an evidentiary hearing if cause is found to determine whether it should dismiss or convert the case or appoint a trustee and hear testimony and receive evidence from debtor and creditors and interested parties, such as the United States Trustee, to resolve the contentions of the disputing parties on dismissal, conversion or trustee appointment (i.e., whether the allegedly suspect creditors which support dismissal have bona fide claims, whether debtor has an explanation for the alleged postpetition dissipation of its bank deposits). Appearances are required on 1/17/18, but counsel may appear by telephone. The court will set a schedule for the evidentiary hearing after considering the views and pretrial needs of the parties, including discovery.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
9:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
11:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
11:00 AM
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears
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that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
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Leonard M Shulman
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Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
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Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
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No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
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Docket 140
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on
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8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating
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trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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fr. 1/24/18, 2/28/18, 3/28/18
Docket 482
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the
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hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 479
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
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Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
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Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 157
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the
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hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are
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required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
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No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 1
Updated tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses
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with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits.
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Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits.
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Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 68
Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims); (2) disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
fr. 11/7/17, 1/4/18, 3/21/18
Docket 79
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
11:00 AM
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 109
No tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
fr. 12/6/17, 2/21/18
Docket 158
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of proposed disclosure statement for lack of adequate information. The disclosure statement does not contain the information normally expected, such as the matters identified in In re Metrocraft Pub. Servs. Inc., 30 B.R. 567, 568 (Bankr. N.D. Ga. 1984) discussed in the moving papers. The disclosure statement does not give meaningful information to creditors about how the plan works; it is just a collection of spreadsheets with little explanation. There is no explanation of how payments are going to be made under the plan, monthly, quarterly, annually, etc. There is a computation of net income on Exhibit C, but that does not translate into how plan payments are going to be made to creditors. The financial history spreadsheet, Exhibit D, is sparse and uninformative as to both the income and expenses of debtor, and just provides summary figures from the MORs.
The liquidation analysis, Exhibit G, is incomplete, and may not necessarily reflect the correct net equity of debtor since the asset values and encumbrances differ for each piece of collateral, and simply aggregating them does not necessarily mean that there is total negative net equity of the estate as computed (i.e., there is no explanation of the liens, whether they are only as to specific collateral or blanket liens). Debtor says there is no need to consider Chapter 7 adminstrative costs since there is negative net equity in debtor's assets in the aggregate, but these should be computed.
11:00 AM
The court should also deny approval of the disclosure statement because the debtor's proposed new value plan on its face gives the exclusive new value opportunity to its sole shareholder, Ji K. Lim, and is not sufficiently market tested within the meaning of Bank of America National Trust and Savings Association v. 203 North LaSalle Street Partnership ("LaSalle"), 526 U.S. 434 (1999); see also, In re NNN Parkway 400 26, LLC, 505 B.R. 277, 281-283
(Bankr. C.D. Cal. 2014)(Albert, J.); see also, In re Arnold, 471 B.R. 578, 586 (Bankr. C.D. Cal. 2012)(approval of disclosure statement should be denied if plan is nonconfirmable on its face). As Judge Albert observed in NNN Parkway 400 26, LLC, "LaSalle requires that the quantum of new value be market tested; otherwise the parties and the court cannot know whether the amount of new value is most available. And if more (or better) could be gotten elsewhere, then the equity is effectively keeping a form or property or interest in the debtor despite not paying the dissenting creditors in full, by exercising its exclusive 'option' to direct/determine the source of the new value. But LaSalle is frustratingly vague as to what exactly a debtor must do to 'market test' the interest; the Supreme Court expressly left the question open while naming some alternatives, such as the right to bid for the same interest or the right to file a competing plan." In re NNN Parkway 400 26, LLC, 505 B.R. at 281, citing LaSalle, 526 U.S. at 458; see also, LaSalle, 526
U.S. at 455 ("It is doomed, we can say without necessarily exhausting its flaws, by its provision for vesting equity in the reorganized business in the Debtor's partners without extending an opportunity to anyone else either to compete for that equity or to propose a competing reorganization plan."). "[D] ebtors bear the burden of showing that the new money offered is the most and best reasonably obtainable after some 'market testing' . . . This probably requires, at a minimum, demonstration of a systematic effort designed to 'market test' the deal." In re NNN Parkway 400 26, LLC, 505 B.R. at 283. There is no demonstration of any systematic effort designed to "market test" the deal shown in debtor's papers as far as this court can see.
The court also agrees with the objections of the committee and creditor Bank of Hope regarding the inadequacy of information regarding the new value contribution, the payment to unsecured creditors, the identification of postconfirmation directors and officers, treatment of creditor claims and impairment of secured claims.
11:00 AM
Debtor uses the court form Chapter 11 plan and disclosure statement which are designed in part for individual Chapter 11 cases and simple Chapter 11 cases, and debtor does not use the official court attachments for these forms, but provides its own custom form attachments deviating from the court form attachments, and provide much less information than required by the court form attachments. In this case, debtor's use of these court forms is really uninformative, and debtor should use more traditional, narrative form plan documents to cover the Metrocraft factors.
Appearances are required on 12/6/17, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Off calendar. Continued to 6/27/18 at 11:00 a.m. by order entered on 4/23/18. No appearances are required on 4/25/18.
Updated tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 62
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
Updated tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
Case dismissed pursuant to Order Granting Motion to Dismiss Case entered 4/23/18. No appearances are required on 4/25/18.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Julie Gamido Represented By
Kevin Tang
11:00 AM
Docket 1
The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
1:00 PM
fr. 2/28/18, 3/21/18, 4/2/18
Docket 314
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
fr. 1/9/18, 2/28/18, 3/21/18, 4/2/18
Docket 223
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on
1:00 PM
10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
Docket 263
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will
1:00 PM
be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
Docket 1
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and
1:00 PM
11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:00 PM
Docket 1
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:00 PM
Docket 1
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits.
1:00 PM
Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
1:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 1/9/18, 2/28/18, 3/21/18, 4/2/18
Docket 1
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:00 PM
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
9:00 AM
Docket 133
Updated tentative ruling as of 4/16/18. Off calendar. Trial vacated at hearing on 3/27/18 based on parties' representation that the matter is being settled, and a status conference is set for 5/29/18 at 2:00 p.m. No appearances are required on 4/26/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference. Parties should attempt to consult regarding their pretrial needs, such as discovery, and suggest a proposed schedule to the court at the hearing.
To the extent that the trustee contends that the claim lacks documentation, that objection may not be valid because it is not necessarily based on a writing since it seems that creditor lent money to debtor without a writing, such as a promissory note, but the record is unclear. An objection to claim based on lack of documentation if the claim is not based on a writing is not well-taken. See In re Los Angeles International Airport Associates, 106 F.3d 1479 (9th Cir. 1997). It seems that the trustee's objection goes to the substance as opposed to just the lack of documentation since trustee relies upon debtor's schedules listing the debt at $400,000. Given the deficiencies in pleading on both sides, the court believes that the parties should be given the benefit of a doubt and be allowed to present evidence in support of their respective positions for and against the claim and litigate the contested matter of the trustee's objection to creditor's claim in accordance with the usual burdens of proof associated with claims litigation as the Bankruptcy Appellate Panel of the Ninth Circuit stated in In re Campbell, 336 B.R. 430 (9th Cir. BAP 2005). Appearances are required on 11/7/17, but counsel may appear by telephone.
9:00 AM
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
10:00 AM
fr. 4/18/18
Docket 110
Updated tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
(Bankers Standard Insurance Company as subrogee of Charles A. Turney VS Debtor)
Docket 2318
In light of plan agent's opposition to the motion, appearances are required on 5/1/18. The court is inclined to grant movant relief from stay pursuant to 11
U.S.C. 362(d)(1) to pursue recovery only against applicable insurance for the reasons stated in the moving papers.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Bankers Standard Insurance Represented By Robert W Phelan
10:30 AM
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for relief under 11 U.S.C. 362(d)(4) because no service was made on the original borrower and this court generally requires service on the original borrower for due process concerns. In re Dorsey, 476 B.R. 261, 270 (Bankr. C.D. Cal. 2012).
Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements.
Grant waiver of the 14-day waiting period under FRBP 4001(a)(3). Appearances are required on 5/1/18, but counsel may appear by telephone.
Debtor(s):
Martha Leticia Salas Pro Se
Movant(s):
HSBC BANK USA, NATIONAL Represented By
Sean C Ferry
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tessa Hall Streeter Represented By Peter M Lively
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition and approve stipulation for stay relief between debtor and creditors attached to motion. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Eric Hokyung Chang Represented By Kelly K Chang
Joint Debtor(s):
Joanne Young Chang Represented By Kelly K Chang
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
10:30 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 5/1/18, but counsel may appear by telephone.
Debtor(s):
Herbert Lamar Bain Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Paola Yanina Velasquez Represented By Allan S Williams
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 28
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 6, 9, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
1333 Curson, LLC Represented By Sam Chandra
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
1:30 PM
Adv#: 2:18-01053 Avery v. Kim
Docket 1
Off calendar. Continued by stipulation and order to 8/7/18 at 1:30 p.m. No appearances are required on 5/1/18.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Defendant(s):
Jung Ja Kim Pro Se
Plaintiff(s):
Wesley H, Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 1
No tentative ruling as of 4/30/18. Appearances are required on 5/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Represented By Anerio V Altman
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Wesley H Avery (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/16/18, 1/30/18
Docket 351
Updated tentative ruling as of 4/30/18. Off calendar. Continued by prior order to 8/8/18 at 2:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories
2:00 PM
and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:00 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 5/30/17, 8/1/17, 9/5/17, 1/30/18
Docket 1
Updated tentative ruling as of 4/30/18. Off calendar. Continued by prior order to 8/8/18 at 2:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
2:00 PM
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 8/1/17, 9/5/17, 1/30/18
Docket 1
Updated tentative ruling as of 4/30/18. Off calendar. Continued by prior order to 8/8/18 at 2:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits.
2:00 PM
Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court proceedings, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. No tentative ruling on the merits. The court notes procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 257
No tentative ruling as of 4/30/18. Appearances are required on 5/1/18, but counsel may appear by telephone.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Andrew Edward Smyth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
2:30 PM
Docket 253
Updated tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Andrew Edward Smyth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 67
Grant motion of counsel for debtor to withdraw for the reasons stated in the moving papers. The court will overrule plaintiff's objections because counsel did make an appearance for defendant in this matter and is considered by the court to have been defendant's attorney. The court will not grant plaintiff's request for sanctions because he needs to bring a separate motion for such relief, but having said that, the court does not see anything in his request that would warrant sanctions as requested should he bring such a motion.
Appearances are required on 5/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
2:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
(6) Waiving the fourteen (14) day stay prescribed by rule 6004(h) of the Federal Rules of Bankruptcy Procedure
Docket 34
Grant trustee's motion for order authorizing sale of real property, free and clear of liens, claims and interests, approving proposed overbid procedures, authorizing payment of costs of sale from escrow and waiving 14-day stay under FRBP 6004(h).
A prospective overbidder contacted the court last week about her interest in participating in the overbidding process, but due to hearing impairment, has requested that the court provide a sign language interpreter to assist her at the hearing pursuant to the Americans with Disbilities Act (ADA). While the ADA does not apply to the federal courts, 42 U.S.C. 12131 et seq., it is the policy of the federal courts to provide reasonable accommodations to a hearing impaired litigant as indicated as the court's website under accommodations. Normally, a request for a sign language interpreter as stated on the court's website requires at least three weeks advance notice. The court will inquire with the trustee and the prospective overbidder as well as interested parties about reasonable accommodations in this situation. The court is looking into the possibility of retaining a sign language interpreter on less than three weeks notice in this situation.
No tentative ruling on determining buyers are good faith purchasers since there may be overbidding. Appearances are required on 5/1/18.
2:30 PM
Debtor(s):
Stephen W Chiu Represented By Christie Cronenweth
Trustee(s):
David M Goodrich (TR) Pro Se
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 3/20/18
Docket 13
Updated tentative ruling as of 4/30/18. Off calendar. Continued by stipulation and order to 6/19/18 at 3:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling. See tentative ruling for matter number 39.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By
3:00 PM
Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 4/30/18. Off calendar. Continued by stipulation and order to 6/19/18 at 3:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a
3:00 PM
bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
3:00 PM
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 4/3/18
Docket 1
Updated tentative ruling as of 4/30/18. Off calendar. Continued by stipulation and order to 6/19/18 at 3:00 p.m. No appearances are required on 5/1/18.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
3:00 PM
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 2/27/18, 3/20/18
Docket 13
Updated and revised tentative ruling as of 5/1/18.
Grant motion to dismiss 6th claim for relief for disallowance of claims because the claim is premature since the bank has not filed any proof of claim and dismiss without prejudice.
Grant motion to dismiss 1st and 2nd causes of action for failure to state a claim upon which relief can be granted because the claims do not allege sufficient facts to allege plausible claims. Like in In re Mullin, 2014 WL 5840364 (9th Cir. BAP 2014), plaintiff seeks declaratory relief that property was wrongfully foreclosed upon without sufficiently alleging claims of wrongful foreclosure which are state law claims. The first amended complaint alleges three theories of wrongful foreclosure: (1) mortgage insurance has paid off the underlying loan; (2) the foreclosure was not authorized by the securitization trust holding the beneficial interest in the note; (3) the assignment of the deed of trust to defendants was not signed by the original lender. There are no specific facts alleged to support any of these theories, only speculation on behalf of plaintiff under the guise of information and belief. However, the court will grant leave to amend within 30 days of entry of the order granting the motion to assert plausible wrongful foreclosure claims.
As to defendants' argument that the court lacks subject matter jurisdiction over these noncore state law claims, the court has "related to" jurisdiction over these claims which if the state law wrongful foreclosure claims are successful would result in recovery of estate property. However, the court as a non-Article III tribunal may not have constitutional authority to enter a final judgment on the noncore state law claims against defendants under Stern v.
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Marshall, 564 U.S. 462 (2011). Absent consent to bankruptcy court jurisdiction, this court may try the case and issue proposed findings of fact and conclusions of law on plaintiff's noncore claims to be reviewed de novo by the district court with Article III authority, except if any of the claims are to be tried before a jury, the claims would have to be tried in the district court. See Executive Benefits Insurance Agency v. Arkison, 134 S.Ct. 2165 (2014); Wellness International Network, Ltd. v. Sharif, 135 S.Ct. 1932 (2015).
As to defendants' request for mandatory or permissive abstention, the court cannot abstain from hearing the claims here without a parallel state court proceeding, either under mandatory or permissive abstention. Security Farms v. International Brotherhood of Teamsters, 124 F.3d 999, 1009-1010 (9th Cir. 1997). There are no parallel proceedings in state court at this time.
Grant motion to dismiss 5th and 7th causes of action for failure to state a claim upon which relief can be granted because the claims do not allege sufficient facts to allege plausible claims. Even though these claims are federal claims for turnover under the Bankruptcy Code and for damages under the Fair Debt Collection Practices Act (FDCPA), the theory for recovery is based on plaintiff's state law claims for wrongful foreclosure, and unless plaintiff recovers on a wrongful foreclosure theory, there is no recovery under these claims. However, the court will grant leave to amend within 30 days of entry of the order granting the motion to assert plausible wrongful foreclosure claims upon which to base these claims.
Grant motion to dismiss 3rd and 4th causes of action for failure to state a claim upon which relief can be granted because the claims do not allege sufficient facts to allege plausible claims based on theory that the foreclosure of the senior lien by defendants violated the automatic stay from bankruptcy cases of other debtors. Debtor in this bankruptcy lacks standing to assert the effect of the automatic stay from bankruptcy cases of other debtors to assert that the foreclosure of defendants' lien violated the automatic stay in those other cases. In re Cogar, 210 B.R. 803, 808 n. 7 (9th Cir. BAP 1997). Leave to amend will not be granted because amendment would be futile.
Appearances are required on 5/1/18, but counsel may appear by telephone. Prior tentative ruling as of 3/19/18. Grant defendants' motions to dismiss as
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follows: (1) first, second, third and fourth claims for relief based on permissive abstention because these claims are based on plaintiff's state law claims for wrongful foreclosure and the court should abstain because state law issues predominate over bankruptcy issues, there is no jurisdictional basis over the claims other than related to jurisdiction under 28 U.S.C. 1334, the degree of relatedness or remoteness of the claims to the main bankruptcy case is tenuous because these claims are all based on the state law unlawful foreclosure claims, plaintiff's claims are noncore proceedings because plaintiff must establish its underlying state law noncore wrongful foreclosure claims before obtaining relief on these claims, the litigation of state law claims would be burdensome on this court's docket, it is likely that the commencement of this adversary proceeding involves forum shopping because plaintiff could have filed these claims in the state court either before or after bankruptcy and nondebtor parties, defendants, are present, and the other factors are neutral, In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990); (2) fifth claim for relief for disallowance of claims, dismissal without prejudice because the claim is premature since the bank has not filed any proof of claim; (3) sixth claim for relief based on Fair Debt Collection Practices Act - dismissal with prejudice pursuant to FRCP 12(b)(6) because plaintiff fails to state a claim that bank acted to collect any debt against plaintiff, bank is not a debt collector as creditor, mortgagor or mortgage serviceing company and the claim is time-barred since brought more than one year after alleged violation pursuant to 15 U.S.C. 1692k(d). Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the motion to dismiss to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
3:00 PM
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
3:00 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 2/13/18, 2/27/18, 3/20/18
Docket 1
Updated tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
3:00 PM
Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
3:00 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
Docket 6
Off calendar. The court has dispensed with oral argument, vacated the hearing and ruled on the papers by written order. No appearances are required on 5/1/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se Mortgage Electronic Registration Represented By
Christopher O Rivas
Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Represented By
Christopher O Rivas
PennyMac Corp. Represented By Christopher O Rivas
Massachusetts Mutual Life Pro Se
3:00 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
11:00 AM
Docket 2320
Off calendar. Continued by stipulation and order to 5/9/18 at 11:00 a.m. No appearances are required on 5/2/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
R. Bankr. P. 9011
Docket 355
Off calendar. Continued by stipulation and order to 5/9/18 at 11:00 a.m. No appearances are required on 5/2/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Jennifer Kellen Represented By
J. Bennett Friedman
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney Ronald Rus
Joel S. Miliband
ACE MUSEUM, a California Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By
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Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Plaintiff(s):
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
11:00 AM
Docket 656
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed trustee's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
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Trustee(s):
Hamid R Rafatjoo Joyce H Vega
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino Ballard Spahr LLP
11:00 AM
Docket 196
The interim fee application is deficient because there is no separately filed declaration from the client on review of the application as required by LBR 2016-1(a)(1)(J). Appearances are required on 5/2/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 200
The interim fee application is deficient because there is no separately filed declaration from the client on review of the application as required by LBR 2016-1(a)(1)(J). Appearances are required on 5/2/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
No tentative ruling as of 5/1/18. Appearances are required on 5/2/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
11:00 AM
Docket 94
Updated tentative ruling as of 5/1/18. The court has reviewed debtor's amended disclosure statement. No tentative ruling on the merits.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. Deny approval of disclosure statement. The amended disclosure statement is difficult to follow and confusing. The court thinks it can be boiled down to the following chart. Appearances are required on 4/18/18, but counsel may appear by telephone.
Goins feasibility analysis Payments on Effective Date Loan arrearages to Umbrella on 65th Street: | $136,107.20 |
$27,844.89 | |
Priority claims | |
IRS | $1,818.51 |
IRS | $40.079.00 |
FTB | $111.59 |
City of LA | $361.09 |
Unsecured general claims (100% payment): | $7,636.43 |
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Professional fees
United States Trustee fees
Total
Source of payments on effective date:
Family contribution: $150,000
Estate funds (including sale of Bronson property)
Total
Payment of Secured claims:
Bedford property $5,842.83
Property taxes
Source of payments on Bedford Estate income (including from
Trust property management fees and 65th Street rental income)
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65th Street property $3,600.00 Property taxes
Other expenses
Source of payments on 65th Street
Rental income on 65th Street $8,300.00
Income and expense for plan:
Income Trust management fee income | $5,000.00 |
Rental income from 65th Street | $8,300.00 |
$13,300.00 | |
Expenses | |
Rental property expenses from | |
65th Street Personal expenses, including | $4,300.00 |
Bedford mortgage | $7,750.00 |
Total expenses | $12,050.00 |
Net income | $1,300.00 |
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Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15
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looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
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Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits.
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Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on
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9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
1:30 PM
fr. 2/7/18, 3/7/18, 3/21/18
Docket 115
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed factual issues that requires an evidentiary hearing. Parties should be prepared to discuss their discovery needs and scheduling of pretrial and trial proceedings. Appearances are required on 11/16/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
1:30 PM
Docket 423
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling. Deny creditor Cindy Magleby's motion for discretionary abstention because the matter of claim objections is a core matter, the court has jurisdiction over the claim objection dispute as a core bankruptcy matter, abstention would adversely impact the efficient administration of the estate since there is no certainty that the claims determination issues will be resolved expeditiously in state court, there is not much difference in litigating claims estimation only for plan confirmation purposes as opposed to determining the claims on the merits, litigation of the claim objections in this court will provide certainty for plan confirmation, despite the litigation of the claim objections will be burdensome on the court's docket and arguably the filing of the bankruptcy case involved forum shopping. In re Tucson Estates, 912 F.2d 1162 (9th Cir. 1990); In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 2/7/18, 3/7/18, 3/21/18
Docket 390
Updated tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a
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matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 2/7/18, 3/7/18, 3/21/18
Docket 394
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
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Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 372
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By
1:30 PM
Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
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No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 2/7/18, 3/7/18, 3/21/18
Docket 1
Updated tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01331 Magleby v. Magleby
fr. 2/7/18, 3/7/18, 3/21/18
Docket 1
Updated tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
No tentative ruling as of 11/14/16. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Curtis C. Magleby Pro Se
Plaintiff(s):
Cindy Magleby Represented By Michael J Conway
10:00 AM
Docket 1
No updated tentative ruling as of 4/30/18. Appearances are required on 5/4/18, but counsel may and should appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Adv#: 2:03-01042 Predovich v. Staffer
Docket 240
No tentative ruling as of 5/7/18. Appearances are required on 5/8/18.
Debtor(s):
Andrew Staffer Represented By Ronald A Flate Raymond H. Aver Stephen L Burton
Defendant(s):
Andrew Staffer Represented By Charles Shamash Joseph Caceres John W Mills III Raymond H. Aver Stuart A Katz
Movant(s):
Robert Predovich Represented By Stuart A Katz
Plaintiff(s):
Robert Predovich Represented By Stuart A Katz
Trustee(s):
Ronald L Durkin (TR) Pro Se
10:30 AM
Docket 174
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. Deny requests for extraordinary relief in paragraph 10 and 14 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Melissa Sue Anderson Represented By Renee E Sanders
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(State Farm Mutual Automobile Insurance Company VS Debtor)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Kimberly Marie Griscavage Represented By John D Sarai
Movant(s):
State Farm Mutual Automobile Represented By Richard L Mahfouz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 10
Service of the motion is deficient since there was no service on debtor required under LBR 4001-1(c)(1)(C)(i) which requires service not just on debtor's attorney, but debtor himself. Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Salvador Alejandre Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
(Equity Residential Management, LLC VS Debtor)
Re: 1710 North Fuller Avenue #512, Los Angeles, CA 90046
Docket 34
Service of the motion is deficient because movant did not provide a judge's copy of separately tabbed exhibits as required by LBR 5005-2(d). Movant will be required to provide a judge's copy with separately tabbed exhibits.
Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
EQUITY RESIDENTIAL Represented By
Linda T Hollenbeck
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Equity Residential Management, LLC VS Debtor) Re: 6040 Center Drive #503, Los Angeles, CA 90045
Docket 33
Service of the motion is deficient because movant did not provide a judge's copy of separately tabbed exhibits as required by LBR 5005-2(d). Movant will be required to provide a judge's copy with separately tabbed exhibits.
Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
EQUITY RESIDENTIAL Represented By
Linda T Hollenbeck
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Equity Residential Management, LLC VS Debtor)
Re: 1050 Wilshire Blvd., #523, Los Angeles, CA 90017
Docket 32
- NONE LISTED -
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
EQUITY RESIDENTIAL Represented By
Linda T Hollenbeck
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Mayer Beverly Park Limited Partnership VS Debtor)
Docket 31
Service of the motion is deficient because movant did not provide a judge's copy of separately tabbed exhibits as required by LBR 5005-2(d). Movant will be required to provide a judge's copy with separately tabbed exhibits.
Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
Mayer Beverly Park Limited Represented By
Linda T Hollenbeck
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 8
Deny motion as moot since the case was dsimissed on 4/16/18 for failure to file schedules. Appearances are optional on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Ovsep Lusinyan,DDS Inc Pro Se
Movant(s):
Pacific Glenoaks Investment LLC. Represented By
Paul E Gold
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 1
No updated tentative ruling as of 4/30/18. Appearances are required on 5/4/18, but counsel may and should appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:30 PM
Docket 295
- NONE LISTED -
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
1:30 PM
Adv#: 2:16-01215 ST-CARE GROUP, LLC v. Mizrachi
Docket 1
Updated tentative ruling as of 5/7/18. Off calendar. Judgment on claims under 11 U.S.C. 523(a)(2)(A) and (6) now final after plaintiff voluntarily dismissed claim under 11 U.S.C. 523(a)(4), and adversary proceeding is now closed. No appearances are required on 5/8/18.
Prior tentative ruling as of 9/11/17. No tentative ruling on the merits. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/29/16. No tentative ruling on the merits. Appearances are required on 1/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/16. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 11/29/16, but counsel may appear by telephone.
No tentative ruling as of 8/1/16. Appearances are required on 8/2/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Michael Bensimon Mizrachi Represented By Michael Jay Berger
Defendant(s):
Michael Bensimon Mizrachi Pro Se
Plaintiff(s):
ST-CARE GROUP, LLC Represented By David Brian Lally
Trustee(s):
David M Goodrich (TR) Pro Se
David M Goodrich (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 9/12/17, 2/27/18, 3/27/18
Docket 1
Updated tentative ruling as of 5/7/18. Off calendar. Continued by stipulation and order to 7/10/18 at 1:30 p.m. No appearances are required on 5/8/18.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
1:30 PM
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Off calendar. Continued by stipulation and order to 6/5/18 at 1:30 p.m. No appearances are required on 5/8/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:18-01061 Wolkowitz v. Chea
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report requesting a 60 day continuance of the status conference so the parties can complete their settlement discussions. The court on its own motion continues the status conference to 7/10/18 at 1:30 p.m. Plaintiff to give notice to defendant and his counsel. No appearances are required on 5/8/18.
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Samuel Chea Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
1:30 PM
Docket 10
Off calendar. The court has issued an order discharging the order to show cause since debtor has filed a certificate of credit counseling. No appearances are required on 5/8/18.
Debtor(s):
Humberto Barrera Represented By William P Mullins
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merts. Appearances are required on 5/8/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/30/18. Appearances are required on 5/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Represented By Anerio V Altman
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Wesley H Avery (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Docket 162
Updated tentative ruling as of 5/7/18. Off calendar. The hearing is continued to 5/30/18 at 10:00 a.m. by prior order of the court. No appearances are required on 5/8/18.
Updated tentative ruling as of 11/13/17. Off calendar. Since the proceedings on debtor's appeal before the Ninth Circuit Court of Appeals are still pending, the court is issuing an order continuing the hearing in this matter for about 6 months to 5/8/18 at 2:00 p.m. No appearances are required on 11/13/17.
Prior tentative ruling as of 5/8/17. Off calendar. Since the proceedings on debtor's appeal before the Ninth Circuit Court of Appeals are still pending, the court is issuing an order continuing the hearing in this matter for about 6 months to 11/14/17 at 2:00 p.m. No appearances are required on 5/9/17.
Prior tentative ruling as of 12/12/16. Appearances are required on 12/13/16 to discuss the status of debtor's appeal of the order dismissing the bankruptcy case to the United States Court of Appeals for the Ninth Circuit, but counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures (which may be viewed online on the court's website).
Prior tentative ruling as of 6/6/16. Appearances are required on 6/7/16 to discuss the status of debtor's appeal of the order dismissing the bankruptcy case, but counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures (which may be viewed online on the court's website).
No tentative ruling as of 11/30/15. Appearances are required on 12/1/15, but
2:00 PM
counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures (which may be viewed online on the court's website).
Debtor(s):
Minon Miller Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 121
Grant trustee's motion for order approving agreement and authorizing sale of real property free and clear of liens, claims and encumbrances for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling regarding determination of good faith purchaser since there may be overbidding. Appearances are required on 5/8/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Docket 71
Grant trustee's motion to sell asset free and clear of liens for the reasons stated in the moving papers, subject to BL2's right to review the proposed order on sale and the liens attach to the proceeds of sale, pursuant to 11
U.S.C. 363(f)(3) since the sales price is greater than the aggregate value of all liens on the asset. Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Docket 9
No tentative ruling as of 5/7/18. Appearances are required on 5/8/18.
Debtor(s):
Herbert Lamar Bain Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 6
Revised tentative ruling as of 5/7/18. Off calendar. Upon further review, the court approves debtor's application for payment of the filing fee through installment payments, but denies her application for a complete fee waiver because her income exceeds statutory guideline under 28 U.S.C. 1930(f) of 150 percent above the income official poverty line. No appearances are required on 5/8/18.
Debtor(s):
Lynn Terese Giovanazzi Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
fr. 5/2/18
Docket 2320
Off calendar. Continued by order to 5/23/18 at 1:30 p.m. No appearances are required on 5/9/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 5/2/18
Docket 355
Off calendar. Continued by order to 5/23/18 at 1:30 p.m. No appearances are required on 5/9/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
11:00 AM
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney Ronald Rus
Joel S. Miliband
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
11:00 AM
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
1:30 PM
fr. 2/7/18, 3/7/18, 3/21/18, 5/2/18
Docket 390
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and
1:30 PM
motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 3/7/18, 3/21/18, 5/2/18
Docket 394
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of
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further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 3/7/18, 3/21/18, 5/2/18
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01331 Magleby v. Magleby
fr. 3/7/18, 3/21/18, 5/2/18
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
No tentative ruling as of 11/14/16. Appearances are required on 11/16/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Curtis C. Magleby Pro Se
Plaintiff(s):
Cindy Magleby Represented By Michael J Conway
10:00 AM
fr. 12/6/17, 3/1/18
Docket 213
Revised tentative ruling as of 5/9/18. Off calendar. Motion resolved by stipulation and order. No appearances are required on 5/10/18.
Updated tentative ruling as of 5/7/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 5/10/18.
Prior tentative ruling as of 4/5/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 4/12/18.
Prior tentative ruling as of 2/28/18. Off calendar. Continued by stipulation and order to 4/12/18 at 9:00 a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 2/26/18. The court first notes that the parties submitted unilateral pretrial stipulations with counsel declarations as to the circumstances why the pretrial stipulations are unilateral. Aside from the issue of the declaration of counsel for debtor is not properly subscribed under 28 U.S.C. 1746(1) outside the United States requiring the language, "under the laws of the United States of America" as part of the jurat, the court disregards the unilateral pretrial stipulations because the court did not order that pretrial stipulations be filed, only witness and exhibit lists of the parties.
It seems that movant will be able to show at trial that debtor is in material default of the confirmed plan because it is now the assignee of the note and trust deed by the original noteholder, Bank of America, at the time of plan confirmation and that not all the plan payments on the claim have been made. Thus, there are probably grounds at least under 11 U.S.C. 1112(b)(4)(N) to establish cause to dismiss or convert. The court would have to consider what
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would be in the best interests of creditors and the estate to dismiss or convert once cause is shown. In re Sullivan, 522 B.R. 604 (9th Cir. BAP 2014).
Thus, in this regard, the court would have to consider the interests of all creditors and the estate, and not just movant.
Perhaps movant may want to reconsider asking for dismissal here because dismissal is not going to get movant where it wants to go, i.e., revocation of the confirmed plan to restore its prebankruptcy rights, as argued in its trial brief at 22. The cases movant cites, In re Nash, 765 F.2d 1410 (9th Cir.
1985) and In re Case, 27 B.R. 844 (Bankr. D.S.D. 1983), are completely inapposite since those were Chapter 13 cases, citing 11 U.S.C. 1307(b) and a Chapter 13 debtor's right of voluntary dismissal under that provision. In contrast, this is a Chapter 11 case where a debtor has no right of voluntary dismissal, and there is only one statute that provides for revocation of a confirmed plan, 11 U.S.C. 1144. Mere payment default is not enough to revoke a confirmed plan, but only if plan confirmation was procured by fraud as shown in an adversary proceeding commenced within 180 days of the entry of the plan confirmation order. 11 U.S.C. 1144; see also, 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 11:2305-11:2315 at 11-278 - 11-279 (2017). The statute cited by movant, 11 U.S.C. 349, does not support its position since the statutory language does not revoke the plan. Id.
The parties are still bound by the plan, even if the Chapter 11 case is dismissed, since the plan has res judicata effect and the court lacks authority to vacate plan provisions which modify or cram down movant's lien. See 2 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 5:1962 at 5(II)-27 and 11:2294 at 11-278, citing cases. The plan would be still enforceable as a state law contract, and dismissal of the case would mean that the court would not have jurisdiction to enforce the contract and the parties would probably have to go to state court to enforce their rights under the plan contract. Thus, in light of the applicable law as discussed herein, perhaps movant may want to consider taking up the suggestion of counsel for debtor to meet and confer and "work it out." The court would consider a short stipulated continuance of trial for counsel to consider these points and/or discuss a consensual resolution of the matter.
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Appearances are required on 3/1/18.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact regarding debtor's performance under the confirmed plan and creditor's standing to be resolved in an evidentiary hearing. Treat the hearing on 12/6/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/6/17, and the parties may not call their witnesses to testify on 12/6/17. The court estimates that the evidentiary hearing will take one day and will schedule it for either January or February 2018. If either party believes that there are no genuine issues of material fact and it is entitled to judgment as a matter of law, it may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
10:00 AM
Docket 1
Revised tentative ruling as of 5/9/18. Off calendar. Since creditor's motion to dismiss has been resolved by stipulation and order, the court on its own motion continues the status conference in this case to 8/29/18 at 11:00 a.m. A status report is due on 8/22/18. No appearances are required on 5/10/18.
Updated tentative ruling as of 5/7/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 5/10/18.
Prior tentative ruling as of 4/5/18. No tentative ruling on the merits. Appearances are required on 4/12/18.
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on 12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits.
10:00 AM
Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
10:00 AM
Docket 1
No updated tentative ruling as of 5/9/18. Appearances are required on 5/11/18, but counsel may and should appear by telephone.
No updated tentative ruling as of 4/30/18. Appearances are required on 5/4/18, but counsel may and should appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:00 AM
Adv#: 2:16-01446 Perske v. Larsen
Docket 151
No tentative ruling will be issued for the application heard on shortened notice. Appearances are required on 5/15/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jens Larsen Represented By
Matthew D Resnik
Defendant(s):
Jens F Larsen Represented By
Joseph W Kellener
Plaintiff(s):
Jacquelynn Perske Represented By Damion Robinson
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Diane C Weil
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 5/11/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 1/31/17, 6/13/17, 11/14/17
Docket 1
Updated tentative ruling as of 5/11/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
1:30 PM
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01469 Goodrich v. Simich et al
fr. 11/14/17
Docket 1
Updated tentative ruling as of 5/11/18. Off calendar. Adversary proceeding dismissed by order entered on 5/4/18. No appearances are necessary.
Prior tentative ruling. Set discovery completion date of 4/30/18 and set a post-discovery status conference for 5/15/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request
for selection of mediator and alternate by 12/31/17 and to complete mediation by 5/15/18. Appearances are required on 11/14/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Leala M. Simich Represented By
Glenn Ward Calsada
Defendant(s):
Tozar Simich Pro Se
DOES 1-20 Pro Se
Plaintiff(s):
David M. Goodrich Represented By Wesley H Avery
1:30 PM
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 1
Updated tentative ruling as of 5/11/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 59
Updated tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
11:00 AM
fr. 3/28/18
Docket 25
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/16/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling. Assuming the court does not grant creditors' pending stay relief motion under 11 U.S.C. 362(d)(3), grant motion to extend plan exclusivity under 11 U.S.C. 1121(d) because cause to extend plan exclusivity for a short period of time, about 90 days, to 7/1/18 is shown by debtor marketing the property "as is," proceeding with claims resolution process by having a bar date set, attempting to obtain LADRP approval of a final subdivision map and this is the first request to extend exclusivity. Granting a first extension of plan exclusivity does not necessarily favor further extensions unless debtor makes specific progress in either marketing the property or obtaining land use approvals to develop the real property. Appearances are required on 3/28/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
fr. 3/27/18
Docket 29
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/16/18 at 11:00 a.m. No appearances are required on 3/27/18.
Prior tentative ruling. Deny motion for relief from stay under 11 U.S.C. 362(d)
on grounds of bad faith since the circumstances argued by movants that the debtor is a SARE and that there are few other creditors and movants are the major creditors, and thus, this is only a two-party dispute, by themselves do not make this case to be one filed in bad faith.
Deny motion for relief from stay under 11 U.S.C. 362(d)(3) on condition that debtor pay adequate protection payments to movants based on the 8% nondefault contract rate of interest on the value of the creditors' interest in the real estate, retroactive to the date of the first adequate protection payment. It appears that: (1) counsel for the parties were negotiating adequate protection terms in good faith near the end of the 90-day period after the order for relief;
counsel for movants proposed 6% to counsel for debtor during the negotiation, but was unable to obtain client authorization for that proposal and notified counsel for debtor right before the end of the 90 day period; (3) given the shortness of time in the notification of lack of client authority by counsel for movant before the deadline, debtor made a first adequate protection payment at 6% rate preliminarily proposed by counsel for movant before the deadline, which seems to be in good faith; and (4) however, there was no agreement between the parties for adequate protection payments less than the 8% nondefault contract rate, and movants have not waived their rights under 11 U.S.C. 362(d)(3) for at least adequate protection payments based
11:00 AM
on the nondefault contract rate of 8%, the statute says what it says, and debtor needs to pay that rate as adequate protection if it wants the stay to remain in place under 11 U.S.C. 362(d)(3). If debtor is not willing to pay the 8% rate, the court will grant the motion under 11 U.S.C. 362(d)(3). Debtor in its reply states that it has no problem paying 8%, but the value of the property for adequate protection purposes should be $3 million, yielding an adequate protection payment of $20,000, which is less than what was first paid.
Apparently, during the adequate protection negotiations, the parties assumed that the value was $4.5 million, and there may be a material issue of fact of the adequacy of the adequate protection payments for purposes of 11 U.S.C. 362(d)(3) based on differences in valuation of the subject collateral. If the parties dispute valuation, the court will set an evidentiary hearing on valuation, and the parties should be prepared to discuss how they will prove up valuation for the purposes of this motion at the hearing.
Appearances are required on 3/27/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
Docket 1
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date and notice dates proposed in the status report are satisfactory. Because debtor indicated on the petition that this is a single asset real estate case, debtor should advise the court whether it will be asking the court for an extension of the 90 day deadline for filing a plan or commencing adequate protection payments to avoid stay relief under 11
U.S.C. 362(d)(3) for a creditor whose claim is secured by the real estate. Appearances are required on 1/10/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
Docket 1
Updated tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 5/11/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Debtor should be prepared to discuss its ability to complete the work in progress consisting of the 58 projects in various states of completion discussed in the status report. Debtor stated that it is working to complete these projects with a gross sales price of
$1.9 million, but "the projected net income is highly dependent on (i) costs of materials and subcontractors and (ii) cooperation from the financing companies that fund customer projects." Debtor also stated that materials and subcontractor costs comprise about 55% of gross revenue and that it has postpetition subcontractor payables of $136,000 and unpaid payroll tax and benefit obligations of $70,000 (Debtor needs to clarify whether these payroll tax and benefit obligations are pre or postpetition). Appearances are required on 5/16/18, but counsel may appear by telephone.
No tentative ruling as of 5/1/18. Appearances are required on 5/2/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana
1:00 PM
fr. 3/21/18, 4/2/18, 4/25/18
Docket 314
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
No tentative ruling as of 2/26/18. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
Docket 263
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
fr. 3/21/18, 4/2/18, 4/25/18
Docket 223
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by
1:00 PM
telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
Docket 1
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:00 PM
Docket 1
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:00 PM
Docket 373
No tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:00 PM
Docket 1
Updated tentative ruling as of 5/11/18. The court will discuss the pending stipulation of Debtor and the United States Trustee to dismiss his bankruptcy case, which has been objected to by Creditor Jonathan Mover. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
1:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 1/9/18, 2/28/18, 3/21/18, 4/2/18
Docket 1
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits.
1:00 PM
Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
10:30 AM
Docket 51
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Leala M. Simich Represented By
Glenn Ward Calsada
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
10:30 AM
Docket 21
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11 U.S.C.
362(d)(2) because movant's valuation in the moving papers shows equity of
$7,064.45. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Luiz Alberto Avila Represented By Heather J Canning
Joint Debtor(s):
Claudia Ramirez Represented By Heather J Canning
Movant(s):
Toyota Motor Credit Corporation Represented By
10:30 AM
Trustee(s):
Austin P Nagel
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 221
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), (2) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 10 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
No tentative ruling on waiver of the 14-day waiting period under FRBP 4001(a)(3) in light of debtor's opposition.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11 U.S.C.
362(d)(2) because movant's valuation in the moving papers shows equity of
$4,681.83. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Farzan Amir Ekhtiar Represented By James R Balesh
Movant(s):
Fifth Third Bank Represented By Austin P Nagel
10:30 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11 U.S.C. 362(d)(2) because movant has not met its burden of proving lack of equity under 11 U.S.C. 362(g)(1) based on inadmissible evidence of valuation from Zillows.com, which lacks evidentiary foundation because the qualifications for such expert witness testimony is not established. FRE 702. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Hamlet Khodagulyan Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362(d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Robert P. Mijares II Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 18
Revised tentative ruling as of 5/21/18 at 4:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), (2) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11
U.S.C. 362(d)(3) because movant has not made a prima facie showing that the requirements of that statute exist here.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
In light of debtor's late filed opposition filed on 5/21/18 at 12:06 p.m., appearances are required on 5/22/18, but counsel may appear by telephone. Debtor's late-filed opposition is unexcused and debtor's failure to file and serve a timely opposition may be deemed consent to granting relief adverse to it pursuant to LBR 9013-1(h). In any event, debtor's late-filed opposition is "too little, too late" in that it fails to submit any evidence in support of its arguments.
Deny debtor's motion for continuance filed on 5/21/18 as late and untimely filed because not filed at least 3 days before the date set for hearing as required by LBR 9013-1(m)(1).
No tentative ruling on waiver of the 14-day stay on enforcement under FRBP 4001(a)(3) in light of debtor's late-filed opposition.
10:30 AM
Debtor(s):
Placemark Properties LLC Represented By Kelly L Pexton
Movant(s):
Anchor Assets V, LLC Represented By Glenn C Kelble
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 30
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding valuation of the subject property to determine whether movant's lien is adequately protected by an equity cushion under 11 U.S.C. 362(d)(1) and whether debtor has equity in the property under 11 U.S.C. 362(d)(2). The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 37
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Equity Residential Management LLC VS Debtor)
Docket 55
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
EQUITY RESIDENTIAL Represented By Agop G Arakelian
10:30 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 42
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Equity Residential Management, LLC VS Debtor)
Docket 41
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
10:30 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 40
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 39
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 38
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Froilan S. Bolosan Represented By Raymond J Bulaon
Joint Debtor(s):
Glenda M. Bolosan Represented By Raymond J Bulaon
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 20
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
10:30 AM
Docket 8
Deny the stay relief motion as moot because the bankruptcy case was dismissed for failure to file schedules on 5/11/18. Appearances are optional on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Maria Comez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Property re: 7915 Harper Ave, Downey, CA 90241
Docket 11
Based on opposition of Specialized Loan Servicing, LLC, as servicer for secured creditior U.S. Bank as trustee for Deutsche securitization trust, deny motion to continue stay because debtor only recently acquired an interest in the subject real property on 4/19/18, shortly before the bankruptcy petition was filed on 4/27/18, for no consideration, this last transfer was part of a series of transfers of interests in the subject property involving the original borrower, George Palma, not consented to by the lender, given the recency of this transfer, it appears that this transfer was to hinder, delay or defraud the lender, and thus, based on this record, debtor has not rebutted the presumption of lack of good faith under 11 U.S.C. 362(c)(2) by clear and convincing evidence. Appearances are required on 5/22/18. The court may take live testimony from witnesses, including debtor, at the hearing regarding the moving and opposing papers.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
1:30 PM
Adv#: 2:16-01102 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Unjust Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 7/25/17, 10/24/17, 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Raimon Mark Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01103 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 7/25/17, 10/24/17, 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report
1:30 PM
advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Michael Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01104 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 7/25/17, 10/24/17, 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that
1:30 PM
plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Renato Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01105 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 7/25/17, 10/24/17, 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. the court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that
1:30 PM
plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Felicidad Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01112 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 7/25/17, 10/24/17, 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. At the status conferences on related party matters on 5/3/16, counsel for the parties represented on the record that they were agreeable to the dates set in the related matters and would submit a stipulation and proposed scheduling order, which would incorporate the dates set in those other matters.
Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Appearances are optional on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Mariam Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01341 Dumas v. Wells
fr. 5/30/17, 9/26/17, 2/20/18
Docket 1
Updated tentative ruling as of 5/21/18. The court has reviewed the joint status report reporting the affirmance of the state court judgment in favor of plaintiff and against defendant. No tentative ruling on the merits.
Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued to May 2018 in light of the pending appeal in the related state court litigation where oral argument is estimated to be scheduled that month. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling as 9/25/17. Off calendar. The court has reviewed the joint status report stating that the related state court appellate proceedings are still pending and that the status conference should be continued to February 2018. The court on its own motion continues the status conference to 2/20/18 at 1:30 p.m. Counsel for plaintiff is ordered to file and serve a notice of continuance of status conference. No appearances are required on 9/26/17.
Prior tentative ruling as 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17 to update the status of the state appellate proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/27/17. The status conference will be delayed to 2:00 p.m. because the court has a commitment offsite at the lunch hour. The court has reviewed the joint status report discussing the status of the related
1:30 PM
proceedings before the state appellate court and requesting a continuance of the status conference pending the decision of the state appellate court. The court on its own motion continues the status conference to 9/26/17 at 1:30
p.m. and orders the parties to file a further joint status report by 9/19/17. No appearances are required on 3/28/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/4/16 to discuss scheduling of mediation and trial, and the arrangements for a stay of this adversary proceeding pending appellate review of judgment in related state court litigation, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr
Trustee(s):
Richard K Diamond (TR) Pro Se
1:30 PM
Adv#: 2:17-01192 Diamond, Chapter 7 Trustee, Plaintiff v. Scales
fr. 5/16/17, 2/20/18
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 7/31/18 at 1:30 p.m. No appearances are required on 5/22/18.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 1/31/18 and set a post-discovery status conference for 2/20/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 7/31/17 and to complete mediation by 2/28/17.
Appearances are required on 5/16/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Defendant(s):
Michelle Renee Scales Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:17-01487 United States Trustee (LA) v. Murray-Calcote
fr. 11/28/17
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Adversary proceeding dismissed by stipulation and order entered on 1/26/18. No appearances are required on 5/22/18.
Prior tentative ruling. The court has reviewed the joint status report required under LBR 7016-1 to be filed 14 days before the status conference, which was late-filed on 11/27/17, and the court has reviewed the declaration of counsel for United States Trustee re: unilateral filing of status report stating that counsel for defendant was unresponsive to requests to prepare the joint status report. Appearances are required on 11/28/17 to address why monetary sanctions of $100 should not be imposed against Oaktree Law, counsel for defendant, for failure to timely submit a joint status report as required by LBR 7016-1.
Set discovery cutoff date of 5/18/18, a pretrial conference for 6/19/18 at 2:00
p.m. and a deadline for filing a joint pretrial stipulation of 6/12/18. United States Trustee to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Beverly Monique Murray-Calcote Represented By
Julie J Villalobos
Defendant(s):
Beverly Monique Murray-Calcote Pro Se
1:30 PM
Plaintiff(s):
United States Trustee (LA) Represented By Kenneth G Lau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Noreen A Madoyan
1:30 PM
Adv#: 2:18-01008 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
(3) disallowance of any claims of defendants; (4) violation of fair debt collection practices act
fr. 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 7/10/18 at 1:30 p.m. No appearances are required on 5/22/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report requesting a continuance of the status conference for about 60 days. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m, and has entered an order so continuing the status conference. A joint status report is due on 5/15/18. Plaintiff is to give written notice of continuance to defendant or its counsel. No appearances are required on 3/20/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, a Division of Pro Se
1:30 PM
Entra Default Solutions, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01018 Grand View Financial, LLC v. Deutsche Bank Trust Company Americas, As
(5) violation of fair debt collection practices act fr. 3/27/18
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 5/29/18 at 1:30 p.m. No appearances are required on 5/22/18.
Prior tentative ruling. The court has reviewed the joint status report in which the parties requested a continuance of the status conference because the pleadings are not yet at issue since not all defendants have responded to the complaint and plaintiff prefers that all parties tracking on the same trial timeline. The court on its own motion continues the status conference for about 60 days to 5/22/18 at 1:30 p.m. No appearances are required on 3/27/18. Plaintiff to give written notice of continuance.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Deutsche Bank Trust Company Pro Se
Aztec Foreclosure Corporation Pro Se
1:30 PM
Amador Avenue Properties, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01004 Global Capital Development, LLC v. Capital Marketing Advisors, LLC, a
fr. 3/20/18
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. The status conference is moot because the adversary proceeding voluntarily dismissed without prejudice by stipulation and order. No appearances are required on 5/22/18.
Prior tentative ruling. Continued by stipulation and order to 5/22/18 at 1:30
p.m. Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Capital Marketing Advisors, LLC Represented By
Robert J Spitz
Defendant(s):
Capital Marketing Advisors, LLC, a Pro Se Ernest R. Gonzales, an individual Pro Se
Does 1 to 50, inclusive Pro Se
Plaintiff(s):
Global Capital Development, LLC Represented By
Mark E Saltzman
1:30 PM
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Docket 6
Off calendar. Order to show cause hearing vacated by order entered on 5/16/18. No appearances are required on 5/22/18.
Debtor(s):
Trang Ai Luu Represented By
Thomas K Emmitt
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 4/18/17, 9/26/17, 11/14/17
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
2:00 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 4/18/17, 9/26/17, 11/14/17
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 4/18/17, 9/26/17, 11/14/17
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)] fr. 4/18/17, 9/26/17, 11/14/17
Docket 1
Updated tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 96
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
Docket 92
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
[CBIZ Valuation Group, LLC., Financial Advisor for Chapter 7 Trustee]
Docket 91
Approve final fee application of financial advisor to trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 94
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Donald Martinez Represented By Edgar P Lombera
Trustee(s):
John J Menchaca (TR) Represented By Wesley H Avery
2:30 PM
Application for fees and expenses [Richard K. Diamond, Chapter 7 Trustee]
Docket 40
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
James Steven Browning Represented By Steven A Alpert
Joint Debtor(s):
Robin Michelle Browning Represented By Steven A Alpert
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Application for fees and expenses [Wesley Avery, Chapter 7 Trustee]
Docket 44
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Francisco Perez Represented By Leon D Bayer
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Docket 42
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Francisco Perez Represented By Leon D Bayer
Movant(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 41
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/22/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Francisco Perez Represented By Leon D Bayer
Movant(s):
Menchaca & Company LLP Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Docket 209
No tentative ruling as of 5/21/18. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Docket 54
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding the reasonableness of the attorneys' fees and costs claimed by alleged debtor. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of pretrial and trial proceedings. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 10
Deny plaintiff's motion for judgment on the pleadings because: (1) no proof of service on defendant (LBR 9013-1(a), FRBP 7005 and FRCP 5(b)(2) requires mail service on defendant - no proof of consent by defendant to electronic service); (2) no proof of standing to assert claim of Amanda Lollar - defendant denies that plaintiff is Lollar's assignee in her answer, which also precludes judgment on the pleadings; (3) no showing that plaintiff is entitled to judgment on the pleadings that the elements of collateral estoppel meet the standards of Texas law under which the state court judgment was entered and the judgment entitled to collateral estoppel effect under Texas law meets the federal standards for debt dischargeability claims under 11 U.S.C. 523(a)(6) under In re Plyam, 530 B.R. 456 (9th Cir. BAP 2015).
Although defendant filed a motion for continuance in order to have more time to respond to plaintiff's reply, the court is inclined to deny the motion for continuance because the court thinks plaintiff's motion needs to be substantially revised to address the court's concerns about the application of collateral estoppel here since plaintiff's analysis is conclusory and insufficient because there is no analysis of Texas law of collateral estoppel to show the collateral estoppel effect of the Texas judgment. The court is not so sure that the motion can be granted on its face because the opinion of the Texas Court of Appeals stated at page 20 of its memorandum opinion (attached as Exhibit 2 to Plaintiff's Complaint) that the standard of proof requires only at least negligence for defamation claims between private parties concerning private speech, which does not meet the willfulness standard of 11 U.S.C. 523(a)(6) as indicated in In re Plyam, supra, and at page 59 of its memorandum opinion that recovery of exemplary or punitive damages in Texas civil practice can be met by showing gross negligence which also does not meet the willfulness standard of 11 U.S.C. 523(a)(6) as indicated in In re Plyam, supra. Plaintiff
2:30 PM
will have to provide a complete analysis of the requirements of Texas law to prove a defamation claim and entitlement to exemplary damages and to establish the collateral estoppel effect of a judgment on a defamation claim and a claim for exemplary damages in order to show that these requirements satisfy the federal standards of debt dischargeability under 11 U.S.C. 523(a) (6). Denial of the motion will be without prejudice to allow plaintiff the opportunity to remedy these deficiencies. In resubmitting the motion, plaintiff should also submit a copy of the state court complaint which relates to the state court judgment so that the court can see what exactly were the claims upon which judgment was rendered. Plaintiff ahsould also submit any express findings of fact made by the Texas trial court which were not attached to the complaint, which findings may show whether the standards of proof met in the state court case satisfy the federal standard of willfulness and malice under 11 U.S.C. 523(a)(6).
Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Movant(s):
Konstantin Khionidi Represented By Philip H Stillman
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 5/15/18
Docket 1
Updated tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
3:00 PM
Adv#: 2:18-01018 Grand View Financial, LLC v. Deutsche Bank Trust Company Americas, As
Docket 19
Off calendar. Continued by stipulation and order to 5/29/18 at 1:00 p.m. No appearances are required on 5/22/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Deutsche Bank Trust Company Represented By Angie M Marth
Aztec Foreclosure Corporation Represented By Angie M Marth
Amador Avenue Properties, LLC Represented By
David M Poitras Richard D Marks
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
11:00 AM
Docket 123
Updated tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative
11:00 AM
ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
11:00 AM
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 203
Updated tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented
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debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on 9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the
11:00 AM
merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on 12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13. Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 79
The approval of the second stipulation for use of cash collateral with Pacific City Bank should provide that any superpriority claim from a default be subordinated to Prime Business Credit, Inc., since Prime has the senior loan as for the prior stipulation for use of cash collateral for Pacific City Bank.
Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
$2,812.70.
Docket 77
Deny interim fee application of general bankruptcy court for debtor in possession without prejudice: (1) the billing entries state that the client for which the services are rendered is Plain Leasing, Inc., not debtor; (2) there is no declaration from client attesting that client has reviewed application and has not objected, or from applicant describing the efforts to obtain client review and consent under LBR 2016-1(a)(1)(J). Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 60
Grant debtor's motion for order enforcing stipulation to close prepetition bank account and to transfer attached funds to a segregated debtor in possession bank account. Appearances are optional on 5/23/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 45
Approve application of debtor to employ special litigation counsel for the reasons stated in the application and the lack of timely written opposition (creditor Second Generation, Inc., filed a withdrawal of its opposition on 5/17/18). Appearances are optional on 5/23/18, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
1:30 PM
Adv#: 2:17-01415 Gross v. Kelly
fr. 4/24/18
Docket 39
Updated tentative ruling as of 5/21/18. Off calendar. Continued to 5/30/18 at 1:30 p.m. by prior order entered on 4/26/18. No appearances are required on 5/23/18.
Revised tentative ruling as of 4/23/18 at 5:30 p.m. Off calendar. The court is issuing a written order continuing the hearing on the motion to 5/23/18 at 1:30
p.m. The order requires the parties to redact personal identifier information in their papers as required by FRBP 7037 and LBR 7037-1. The parties improperly stated the names of minor children and other personal identifiers in their papers. The parties also cited to numerous unreported court decisions in their papers and failed to provide the court with unmarked, complete copies of these decisions as required by LBR 9013-2(c)(3)(D). No appearances are required on 4/24/18.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Represented By
Cassandra K. Riles
1:30 PM
Movant(s):
Mark P. Gross Represented By Gary A Starre
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
fr. 5/2/18, 5/9/18
Docket 2320
Updated tentative ruling as of 5/21/18. Off calendar. Continued to 5/30/18 at 11:30 a.m. by prior order entered on 5/16/18. No appearances are required on 5/23/18.
No tentative ruling as of 5/7/18. Appearances are required on 5/9/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 5/2/18, 5/9/18
Docket 355
Updated tentative ruling as of 5/21/18. Off calendar. Continued to 5/30/18 at 11:30 a.m. by prior order entered on 5/16/18. No appearances are required on 5/23/18.
No tentative ruling as of 5/7/18. Appearances are required on 5/9/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
1:30 PM
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney Ronald Rus
Joel S. Miliband
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
10:00 AM
Docket 16
Updated tentative ruling as of 5/21/18. Off calendar. Hearing vacated by prior order entered on 4/17/18. No appearances are required on 5/25/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the issues of good faith and abuse under 11 U.S.C. 707(b) because there are disputed and material issues of fact, although creditor's showing is pretty weak. Appearances are required on 3/20/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
TERRY LC CHIN Represented By Michael Y Lo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 25
- NONE LISTED -
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gary Gramajo Represented By
Juan Castillo-Onofre
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 10
- NONE LISTED -
Service of the motion is deficient since as indicated on the proof of service to the motion, there was no service on debtor required under LBR 4001-1(c)(1) (C)(i) which requires service not just on debtor's attorney, but debtor himself. Movant also failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by LBR 5005-2(d). Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Salvador Alejandre Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 115
- NONE LISTED -
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for stay annulment as movant has not shown that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Appearances are required on 5/29/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Movant(s):
Project Eco Represented By
Vivy Dang William Ward
10:30 AM
10:30 AM
Docket 111
- NONE LISTED -
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for stay annulment as movant has not shown that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Appearances are required on 5/29/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Movant(s):
Project Eco Represented By
10:30 AM
Vivy Dang William Ward
10:30 AM
Docket 63
- NONE LISTED -
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed
11:00 AM
debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
11:00 AM
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
11:00 AM
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
Docket 140
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses
11:00 AM
with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
11:00 AM
fr. 2/28/18, 3/28/18, 4/25/18
Docket 482
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
11:00 AM
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
11:00 AM
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 479
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing
11:00 AM
its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales,"
11:00 AM
29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am.
Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
11:00 AM
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the
11:00 AM
hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on
11:00 AM
4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits.
11:00 AM
Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 10
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/29/18 at 11:00 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 11/27/17. Off calendar. Continued by stipulation and order to 1/30/18 at 10:30 a.m. No appearances are required on 11/28/17.
Prior tentative ruling. As indicated in debtor's response of non-opposition to the motion, It appears that the subject property is not property of the estate since there was a marital dissolution judgment in 2010 between debtor and her former spouse, which allocated the property to the former spouse as his separate property in the their division of marital property. Thus, the motion should be granted under 11 U.S.C. 362(d)(1) for cause since the property does not appear to be property of the estate. Appearances are required on 5/23/17, but counsel may appear by telephone.
Debtor(s):
Leala M. Simich Represented By Jennifer Ann Aragon
11:00 AM
Trustee(s):
David M Goodrich (TR) Pro Se
1:00 PM
Adv#: 2:18-01018 Grand View Financial, LLC v. Deutsche Bank Trust Company Americas, As
fr. 5/22/18
Docket 19
Off calendar. Adversary proceeding dismissed by stipulation and order entered on 5/8/18. No appearances are necessary.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Deutsche Bank Trust Company Represented By Angie M Marth
Aztec Foreclosure Corporation Represented By Angie M Marth
Amador Avenue Properties, LLC Represented By
David M Poitras Richard D Marks
Plaintiff(s):
Grand View Financial, LLC Represented By
1:00 PM
Todd M Arnold
1:00 PM
Adv#: 2:18-01018 Grand View Financial, LLC v. Deutsche Bank Trust Company Americas, As
(5) violation of fair debt collection practices act fr. 3/27/18, 5/22/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order entered on 5/8/18. No appearances are necessary.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Deutsche Bank Trust Company Pro Se
Aztec Foreclosure Corporation Pro Se
Amador Avenue Properties, LLC Pro Se
1:00 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
(2) Avoid and Recover Fraudulent Transfers; and for (3) Breach of Fiduciary Duty fr. 8/15/17, 10/17/17, 11/28/17
Docket 1
- NONE LISTED -
Updated tentative ruling as of 5/25/18. Off calendar. Pretrial conference set for 11/27/18 at 2:00 p.m. by stipulation and order entered on 3/12/18. No appearances are required on 5/29/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's attorneys and Microland.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 8/31/15 and set a post-discovery status conference for 9/29/15 at 1:30 p.m. The parties are ordered to conduct FRBP 7026 conference by 3/31/15. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 9/29/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
1:30 PM
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
and California Civil Code §3439, et seq.] fr. 10/17/17, 11/28/17, 4/17/18
Docket 1
Updated tentative ruling as of 5/25/18. Off calendar. The status conference set for 5/29/18 was rescheduled to 4/17/18, and thus, no status conference is now scheduled in this adversary proceeding for 5/29/18. No appearances are required on 5/29/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and attorneys.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible
1:30 PM
coordination with litigation in Rund v. Lee adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 9/30/15 and set a post-discovery status conference for 10/27/15 at 1:30 p.m. Order the matter
to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 10/27/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01563 Rund, Chapter 7 Trustee v. Lee, an individual et al
fr. 11/28/17, 1/23/18, 4/17/18
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding in light of substitution of counsel for defendants. Appearances are required on 1/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and Microland and the scheduling of defendants' motion for summary judgment. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on
1:30 PM
4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Microland adversary proceeding, bbut counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/10/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/6/16 to discuss scheduling of further proceedings, including filing of supplemental pleadings, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. The court has reviewed the joint status report, noting the hearings on the pending motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m., and continues the status conference to the date and time of the hearings on the motions to dismiss the first amended complaint on 7/26/16 at 3:00 p.m. No appearances are required on 7/19/16
Prior tentative ruling as of 4/11/16. No tentative ruling on the merits. Appearances are required on 4/12/16.
Prior tentative ruling as of 4/4/16 at 5:30 p.m. Off calendar. Continued on the court's own motion to 4/12/16 at 2:30 p.m. since the hearing on the motion to dismiss is continued to that date and time. No appearances are required on 4/5/16.
Prior tentative ruling as of 3/7/16. ff calendar. Continued by separate order on the court's own motion for further briefing to 4/5/16 at 3:00 p.m. No appearances are required on 3/8/16.
Prior tentative ruling. In light of defendants' pending motion to dismiss or for
1:30 PM
more definite statement noticed for hearing on 3/8/16 at 3:00 p.m., the court continues the status conference to that date and time on its own motion since the determination of that motion may affect the status of the adversary proceeding. No appearances are required on 2/9/16.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Albert Lee, an individual Pro Se Business Legal Partners Attorneys Pro Se DOES 1 through 10 Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 11/7/17, 2/6/18, 4/24/18
Docket 1
Updated tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are core claims within this court's jurisdiction and do not appear to be jury triable.
1:30 PM
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
1:30 PM
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01128 Leslie v. Edward C. Lee, CPA
(2) recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 1/9/18, 2/20/18, 4/17/18
Docket 1
Revised tentative ruling as of 5/25/18. Off calendar. Continued by stipulation and order to 7/17/18 at 1:30 p.m. No appearances are required on 5/29/18.
Prior tentative ruling as of 4/16/18. Off calendar. Continued by stipulation and order to 5/29/18 at 1:30 p.m. No appearances are required on 4/17/18.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. Off calendar. Continued by stipulation and order to 2/20/18 at 1:30 p.m. No appearances are required on 1/9/18.
Prior tentative ruling as of 10/16/17. Off calendar. Continued by stipulation and order to 1/9/18 at 1:30 p.m. No appearances are required on 10/17/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report
1:30 PM
stating that the matter is in the process of being resolved and continues the status conference on its own motion to 6/27/17 at 1:30 p.m. Plaintiff to notify defendant of the continuance. No appearances are required on 4/4/17, but counsel may appear by telephone.
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
Defendant(s):
Edward C. Lee, CPA Pro Se
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:17-01320 Pistello v. ACS Education Services, Inc.
Docket 1
- NONE LISTED -
Updated tentative ruling as of 4/23/18. Off calendar. The court has reviewed the joint status report stating that the matter is being settled and requesting a 4-week continuance of the status conference to document the settlement.
The court on on its own motion continues the status conference to 5/29/18 at 1:30 p.m. No appearances are required on 4/24/18. Counsel for defendant to give notice to plaintiff.
tentative ruling as of 12/11/17. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/18 and a further postdiscovery status conference for 4/24/18 at 1:30 p.m. with a joint status report due on 4/17/18. Order the matter to mediation under the court's mediation program, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 4/24/18. Appearances are required on 12/12/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/10/17, but counsel may appear by telephone.
Debtor(s):
Michael Merritt Pistello Represented By Mark J Markus
1:30 PM
Defendant(s):
ACS Education Services, Inc. Pro Se
Plaintiff(s):
Michael Merritt Pistello Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:17-01585 Wolkowitz v. Lim et al
Recovery of avoided transfer; and (3) Turnover of property [11 U.S.C. §§542, 544, 548 and 550]
fr. 2/20/18, 3/27/18
Docket 1
- NONE LISTED -
Updated tentative ruling as of 5/25/18. Off calendar. In light of the pending stipulation of the parties for dismissal of the adversary proceeding, awaiting the time for objection to dismissal of the claims to deny discharge of debtor pursuant to FRBP 7041 and LBR 9013-1(o), the court on its own motion continues the status conference for about 60 days to 8/1/18 at 1:30 p.m. No appearances are required on 5/29/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed the joint status report in which the parties requested a continuance of the status conference to allow an opportunity to first discuss settlement before setting a pretrial schedule. The court on its own motion continues the status conference for about 60 days to 5/29/18 at 1:30 p.m. No appearances are required on 3/27/18.
Prior tentative ruling. The court has reviewed the joint status report indicating that counsel has recently been retained by defendant and that the parties have not had their LBR 7026-1 initial meeting. The court on its own motion continues the status conference to 3/27/18 at 1:30 p.m. Trustee to give email or telephonic notice to counsel for defendant of the continuance of the status conference. No appearances are required on 2/20/18.
1:30 PM
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Annie Lim Pro Se
Tony C. Sok Pro Se
Samuel Chea Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Docket 430
NONE LISTED -
NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
Docket 133
NONE LISTED -
Updated tentative ruling as of 5/25/18. This contested matter of trustee's motion to disallow creditor's claim appears to have been resolved by the settlement approved by order entered on 4/18/18 and thus the status conference is moot due to the settlement. The court will assume that the matter is resolved by settlement and the status conference is moot if no appearance is made at the hearing. Appearances are optional on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference. Parties should attempt to consult regarding their pretrial needs, such as discovery, and suggest a proposed schedule to the court at the hearing.
To the extent that the trustee contends that the claim lacks documentation, that objection may not be valid because it is not necessarily based on a writing since it seems that creditor lent money to debtor without a writing, such as a promissory note, but the record is unclear. An objection to claim based on lack of documentation if the claim is not based on a writing is not well-taken. See In re Los Angeles International Airport Associates, 106 F.3d 1479 (9th Cir. 1997). It seems that the trustee's objection goes to the substance as opposed to just the lack of documentation since trustee relies upon debtor's schedules listing the debt at $400,000. Given the deficiencies
2:00 PM
in pleading on both sides, the court believes that the parties should be given the benefit of a doubt and be allowed to present evidence in support of their respective positions for and against the claim and litigate the contested matter of the trustee's objection to creditor's claim in accordance with the usual burdens of proof associated with claims litigation as the Bankruptcy Appellate Panel of the Ninth Circuit stated in In re Campbell, 336 B.R. 430 (9th Cir. BAP 2005). Appearances are required on 11/7/17, but counsel may appear by telephone.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Application for fees and expenses [Elissa Miller, Chapter 7 Trustee]
Docket 114
NONE LISTED -
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/29/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
David Paul Passarello Represented By John H Kim
Cameron Sanchez
Trustee(s):
Elissa Miller (TR) Represented By Larry D Simons Daniel A Lev Jessica Vogel
2:30 PM
Docket 113
NONE LISTED -
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/29/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
David Paul Passarello Represented By John H Kim
Cameron Sanchez
Trustee(s):
Elissa Miller (TR) Represented By Larry D Simons Daniel A Lev Jessica Vogel
2:30 PM
[Grobstein Teeple, LLP, Accountant for Chapter 7 Trustee]
Docket 112
NONE LISTED -
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/29/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
David Paul Passarello Represented By John H Kim
Cameron Sanchez
Trustee(s):
Elissa Miller (TR) Represented By Larry D Simons Daniel A Lev Jessica Vogel
2:30 PM
Docket 459
NONE LISTED -
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
Docket 705
NONE LISTED -
It appears that the trustee is requesting authorization to execute the first amendments to managment and operations transfer agreements to consummate the sale of debtors' assets and operations under the sale agreement to conform to the agreement between the buyer and California Department of Social Services, and not the lease agreements between the buyer through its landholding entities and its designated operating entities. It would be helpful to the court that trustee clarify these details. Otherwise, it appears that the motion should be granted for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 5/29/18, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
Hamid R Rafatjoo Joyce H Vega
Trustee(s):
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino
2:30 PM
Docket 656
NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed trustee's status report. No
2:30 PM
tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
Hamid R Rafatjoo Joyce H Vega
Trustee(s):
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino Ballard Spahr LLP
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court
2:30 PM
would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir
2:30 PM
Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
fr. 3/27/18
Docket 57
NONE LISTED -
Updated tentative ruling as of 5/25/18. This motion appears to be superseded by a new motion on calendar as matter number 33.
Appearances are required on matter number 33.
Prior tentative ruling. No tentative ruling on the merits. It appears that the motion to substitute is timely filed within 90 days of suggestion of death by counsel for defendant under FRCP 25 (assuming for the sake of argument that counsel may properly suggest death of her client on the record, see In re Cardoza, 111 B.R. 906, 909 (Bankr. S.D. Cal. 1990)). However, plaintiff has not substantiated that Lisa Moll-Watson is the proper party defendant as the executor of defendant's estate. The court requires that plaintiff submit proof that she is now the representative of defendant's decedent estate. Moreover, plaintiff has not properly served Ms. Moll-Watson since the address listed for her on the proof of service of the motion is the funeral home and not her address as listed on defendant's death certificate. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
2:30 PM
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 78
NONE LISTED -
No tentative ruling as of 5/25/18. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 72
NONE LISTED -
Grant motion to substitute personal representative for deceased defendant for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 5/29/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By Ilyse Klavir
Gary E Moll - INACTIVE -
Plaintiff(s):
Gary Salzman Pro Se
2:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 1/31/17, 6/13/17, 11/14/17, 5/15/18
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
2:30 PM
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
2:30 PM
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 81
- NONE LISTED -
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding the reasonableness of the trustee's exercise of business judgment to abandon all assets of the estate to the debtor. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of pretrial and trial proceedings, including what evidence or discovery they will need for trial. As a suggestion in response to the trustee's reply to the opposition of the two objecting creditors, the court would consider a continuance of the hearing to allow the objecting creditors and their counsel to meet and confer with the trustee to hear in detail why the trustee believes that the assets should be abandoned.
Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Anthony Roy Martinez Represented By
Andrew Edward Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Alan I Nahmias
Stephen F Biegenzahn
2:30 PM
Docket 46
NONE LISTED -
Approve interim fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/29/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Young Bin Lee Represented By William J Smyth
Trustee(s):
Carolyn A Dye (TR) Represented By Brandon J Iskander Leonard M Shulman Lynda T Bui
2:30 PM
(C) subject to overbids; and (D) for determination of good faith purchaser under 11 U.S.C. §363(M)
Docket 132
NONE LISTED -
Grant trustee's motion for order approving agreement and authorizing sale of real property free and clear of liens, claims and encumbrances for the reasons stated in the moving papers and for lack of timely written opposition. As provided in the order on a similar prior motion, the existing liens, including disputed liens, will attach to the net sales proceeds. No tentative ruling regarding determination of good faith purchaser since there may be overbidding. Appearances are required on 5/29/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
fr. 2/27/18, 3/27/18
Docket 18
NONE LISTED -
Updated tentative ruling as of 5/25/18. The application for employment of the real estate broker appears to be moot due to the settlement between trustee and debtor, obviating the estate's need to employ a broker. The court will assume that the application is moot and deny it as moot if no appearance is made at the hearing. Appearances are optional on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. The court is inclined to give debtor a short period of time to discuss possible settlement with trustee before ruling on the application in light of denial of motion to convert. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court is inclined to trail the hearing on the employment application of the broker until the hearing on debtor's motion to convert, which has not been set yet by debtor in response to trustee's opposition to that motion. Appearances are required on 2/27/18 to discuss scheduling of the hearing on the motion to convert and the employment application, but counsel may appear by telephone. If debtor does not promptly notice the motion to convert for hearing, the court would proceed to rule on the employment application.
Debtor(s):
Jung Ja Kim Represented By
2:30 PM
Trustee(s):
Donald E Iwuchuku
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
Docket 10
NONE LISTED -
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding whether the filing of the incorrect document was due to inadvertent computer error for which a fine should not be imposed or should be substantially reduced. The parties should be prepared to discuss scheduling of an evidentiary hearing, which will be probably short and can be scheduled relatively soon. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jeannette A Cernas Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 162
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18.
Prior tentative ruling as of 5/7/18. Off calendar. The hearing is continued to 5/30/18 at 10:00 a.m. by prior order of the court. No appearances are required on 5/8/18.
Updated tentative ruling as of 11/13/17. Off calendar. Since the proceedings on debtor's appeal before the Ninth Circuit Court of Appeals are still pending, the court is issuing an order continuing the hearing in this matter for about 6 months to 5/8/18 at 2:00 p.m. No appearances are required on 11/13/17.
Prior tentative ruling as of 5/8/17. Off calendar. Since the proceedings on debtor's appeal before the Ninth Circuit Court of Appeals are still pending, the court is issuing an order continuing the hearing in this matter for about 6 months to 11/14/17 at 2:00 p.m. No appearances are required on 5/9/17.
Prior tentative ruling as of 12/12/16. Appearances are required on 12/13/16 to discuss the status of debtor's appeal of the order dismissing the bankruptcy case to the United States Court of Appeals for the Ninth Circuit, but counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures (which may be viewed online on the court's website).
Prior tentative ruling as of 6/6/16. Appearances are required on 6/7/16 to discuss the status of debtor's appeal of the order dismissing the bankruptcy case, but counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures
10:00 AM
(which may be viewed online on the court's website).
No tentative ruling as of 11/30/15. Appearances are required on 12/1/15, but counsel and defendant who is self-represented may appear by telephone in accordance with the court's telephone appearance procedures (which may be viewed online on the court's website).
Debtor(s):
Minon Miller Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
11:00 AM
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed schedule of proceedings appears reasonable. However, this court requires at least 60 days notice to creditors of any claims filing bar date.
Appearances are required on 11/29/17, but counsel may appear by telephone.
Debtor(s):
1060 Palms, LLC Represented By Moises S Bardavid
11:00 AM
Docket 1
The court has reviewed debtor's status report proposing a claims bar date of 7/30/18, but the court requires 60 days notice of a bar date to creditors, which means notice must be served on all creditors by 5/31/18. The court is inclined to set a bar date of 8/10/18 with notice served by 6/8/18. Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes
11:00 AM
Docket 71
Grant debtor's motion to authorize use of cash collateral and to borrow from affiliate on an administrative expense basis for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/30/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Docket 70
Grant debtor's motion to extend exclusivity to propose a plan and obtain acceptances for the reasons stated in the moving papers. It appears to the court that debtor is attempting to reorganize in good faith by prosecuting the unlawful detainer action to obtain possession of the property with the intent to lease out space once possession is recovered, the claims bar date is about to pass, so that debtor will know the universe of claims to deal with and to formulate a plan, this is a first request for extension of plan exclusivity, and the requested extension is only three months, in a case that was only filed four months ago, debtor should have an opportunity to make progress in the unlawful detainer action to generate income to formulate a plan, it does not appear that debtor is using the request to extend plan exclusivity to pressure creditors, if progress in recovering possession is not being made, then it may be appropriate that debtor should consider selling its real property to realize value for creditors. See In re Henry Mayo Newhall Memorial Hospital, 282
B.R. 444 (9th Cir. BAP 2002). Appearances are required on 5/30/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:30 AM
Docket 449
Debtor should be prepared to respond to the proposed resolution of the motion set forth in Movant's reply, such as setting a deadline for filing an amended disclosure statement and plan if the property is not sold.
Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:30 AM
Docket 449
Off calendar. Motion withdrawn. No appearances are necessary.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
fr. 5/2/18, 5/9/18, 5/23/18
Docket 2320
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Appearances are required on 5/9/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:30 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 5/2/18, 5/9/18, 5/23/18
Docket 355
Updated tentative ruling as of 5/25/18. No updated tentative ruling on the merits from what was stated in the prior order continuing hearing.
Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Appearances are required on 5/9/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
11:30 AM
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Michael T Delaney Ronald Rus
Joel S. Miliband
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson
1:30 PM
Adv#: 2:17-01415 Gross v. Kelly
fr. 4/24/18, 5/23/18
Docket 39
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Revised tentative ruling as of 4/23/18 at 5:30 p.m. Off calendar. The court is issuing a written order continuing the hearing on the motion to 5/23/18 at 1:30
p.m. The order requires the parties to redact personal identifier information in their papers as required by FRBP 7037 and LBR 7037-1. The parties improperly stated the names of minor children and other personal identifiers in their papers. The parties also cited to numerous unreported court decisions in their papers and failed to provide the court with unmarked, complete copies of these decisions as required by LBR 9013-2(c)(3)(D). No appearances are required on 4/24/18.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Represented By
Cassandra K. Riles
Movant(s):
Mark P. Gross Represented By Gary A Starre
1:30 PM
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
9:00 AM
Docket 392
No tentative ruling as of 5/25/18. Appearances are required on 5/31/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
9:00 AM
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by
9:00 AM
telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
9:00 AM
Docket 263
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
9:00 AM
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
9:00 AM
fr. 4/2/18, 4/25/18, 5/16/18
Docket 223
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
9:00 AM
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the hearing on 11/2/17 will be treated as a status conference. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
9:00 AM
Docket 1
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits.
9:00 AM
Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
2:30 PM
Docket 1
NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
2:30 PM
Docket 263
NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits.
2:30 PM
Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 and the related motion to modify plan set for 11/2/17 at 9:00 a.m. will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
fr. 5/29/18
Docket 433
NONE LISTED -
NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 1
NONE LISTED -
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by
2:30 PM
telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
Docket 21
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Guadalupe Silvia Barballanez Represented By Allan S Williams
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 18
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Imelda Gabriela Carrillo Represented By Luis G Torres
Movant(s):
ACAR Leasing LTD dba GM Represented By Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
10:30 AM
Docket 41
Since it appears that the state court litigation for which movant seeks stay relief based on mandatory abstention has been removed by debtors to this court, the court is inclined to deny the motion without prejudice because there is no pending litigation in state court for this court to abstain for. See In re Roman Catholic Bishop of San Diego, 374 B.R. 756, 760 (Bankr. S.D. Cal.
2007), citing inter alia, Security Farms v. International Brotherhood of Teamsters, 124 F.3d 999, 1009-1010 (9th Cir. 1997). Movant will need to bring a motion for equitable remand under 28 U.S.C. 1452(b) in conjunction with a renewed stay relief motion for the state court litigation to proceed.
Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Movant(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
10:30 AM
(US Bank National Association VS Debtor)
Docket 30
Off calendar. Continued by stipulation and order to 6/19/18 at 10:30 a.m. No appearances are required on 6/5/18.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
U.S. Bank National Association as Represented By
William D Coffee
10:30 AM
Docket 70
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies, including stay annulment, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yehuda Kelman Represented By Sevag S Simonian
Movant(s):
CD A Investment, LLC Represented By Carol G Unruh
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
10:30 AM
(U.S. Bank National Association VS Debtors)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lorenzo Noria Sr. Represented By Elena Steers
Joint Debtor(s):
Stephanie Thompson-Noria Represented By Elena Steers
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
10:30 AM
(Ford Motor Credit Company LLC VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 11 U.S.C. 362 (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Joseph Burns Wright Represented By David H Chung
Joint Debtor(s):
Maureen Elizabeth Wright Represented By David H Chung
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
10:30 AM
Docket 10
Movant failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by LBR 5005-2(d). If movant provides the court with a properly tabbed judge's copy of the moving papers as required by the rules,
grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief under 11 U.S.C. 362(d)(2) because moving papers admit that debtor has equity in the collateral, and thus, movant has failed to meet its burden of showing the lack of equity under 11 U.S.C. 362(g)(1). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Lorenzo M Mora Represented By Raymond Perez
Movant(s):
Partners Federal Credit Union Represented By Yuri Voronin
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 10
Updated tentative ruling as of 6/4/18. It does not appear that an amended notice of motion was filed and served on debtor personally. The proof of service itself is not an amended notice of motion, so it appears that service of the motion is still deficient. Appearances are required on 6/5/18, but counsel may appear by telephone.
Prior tentative ruling. Service of the motion is deficient since as indicated on the proof of service to the motion, there was no service on debtor required under LBR 4001-1(c)(1)(C)(i) which requires service not just on debtor's attorney, but debtor himself. Movant also failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by LBR
5005-2(d). Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Salvador Alejandre Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Off calendar. Continued by stipulation and order to 7/31/18 at 1:30 p.m. No appearances are required on 6/5/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:18-01020 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
fr. 4/10/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Adversary proceeding dismissed by stipulation and order etnered on 5/1/18. No appearances are required on 6/5/18.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, A Division Of Pro Se
1:30 PM
ARNS Inc. Pro Se
Renovation Resolutions, LLC Pro Se
Recontrust Company, N.A. Pro Se
Western Progressive, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 4/10/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by prior order to 7/17/18 at 1:30 p.m. No appearances are required on 6/5/18.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
1:30 PM
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01086 Kosma Tex v. Min
Docket 1
Since default has been entered against defendant, defendant will have to file a motion to set aside default unless plaintiff is willing to stipulate to set aside the default and allow defendant's answer to be considered filed. The parties should be prepared to address the issue of whether the default should be set aside. The court is not inclined to set a litigation schedule until the issue of the setting aside the default is resolved. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Pro Se
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
Docket 1
Updated tentative ruling as of 6/4/18. Counsel for plaintiff filed a notice of settlement on 5/29/18. No tentative ruling on the merits. Appearances are required on 6/5/18 to confirm the proposed settlement, and if not, to address why no joint status report or pretrial stipulation has been filed, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. The court has reviewed the joint status report stating that the parties are actively negotiating settlement. No tentative ruling on the merits. Appearances are required on 1/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/24/17.
Prior tentative ruling as of 10/6/17. No tentative ruling on the merits. Appearances are required on 10/10/17.
Prior tentative ruling. The court has reviewed the joint status report and notes that the report does not state whether the parties had their LBR 7026-1 meeting of counsel. Appearances are required on 5/23/17.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
2:00 PM
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym Jiyoung Kym
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 9/26/17, 11/14/17, 5/22/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator
2:00 PM
and alternate mediator by 5/19/17 and complete mediation by 9/26/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 9/26/17, 11/14/17, 5/22/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 9/26/17, 11/14/18, 5/22/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
2:00 PM
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)] fr. 9/26/17, 11/14/17, 5/22/18
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
2:00 PM
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:16-01270 Romero v. Marti
Docket 179
Deny defendant's motion to dismiss the adversary proceeding for reasons stated in plaintiff's opposition, primarily in order to accord substantial justice to plaintiff in light of the apparent abandonment of plaintiff by his former counsel. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Represented By Derek L Tabone
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller Derek L Tabone Patrick M Maloney
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
fr. 5/29/18
Docket 705
Updated tentative ruling as of 6/4/18. Grant the trustee's motion for authorization to sign the amended sale documents to allow the California Department of Social Services to approve of the operating licenses of the new operators pursuant to the court's sale order entered 1/19/16. Although the counsel declaration represents that the proposed language in the documents is acceptable to the California Department of Social Services and the buyer/new operator parties, appearances are required on 6/5/18 since such acceptance is not manifested in writing by those entities, but counsel may appear by telephone.
Prior tentative ruling. It appears that the trustee is requesting authorization to execute the first amendments to managment and operations transfer agreements to consummate the sale of debtors' assets and operations under the sale agreement to conform to the agreement between the buyer and California Department of Social Services, and not the lease agreements between the buyer through its landholding entities and its designated operating entities. It would be helpful to the court that trustee clarify these details. Otherwise, it appears that the motion should be granted for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 5/29/18, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
Hamid R Rafatjoo Joyce H Vega
2:30 PM
Trustee(s):
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino
2:30 PM
Docket 656
Updated tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/5/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed trustee's status report. No
2:30 PM
tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Pasadena Adult Residential Care, Inc Represented By
Hamid R Rafatjoo Joyce H Vega
Trustee(s):
Peter J Mastan (TR) Represented By Dawn A Messick
Christopher Celentino Ballard Spahr LLP
10:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 3/6/18, 3/7/18, 4/4/18
Docket 1
Updated tentative ruling as of 6/4/18. This matter is rescheduled for the court's 11:00 a.m. calendar. Appearances are required on 6/6/18 at 11:00 a.m., not 10:00 a.m.
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
10:00 AM
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
fr. 2/15/17, 5/17/17, 8/16/17, 1/31/18
Docket 2004
Updated tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
11:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 2/15/17, 5/17/17, 8/16/17, 1/31/18
Docket 2000
Updated tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows
11:00 AM
Jerome S Cohen Carolyn A Dye
11:00 AM
fr. 2/15/17, 5/17/17, 8/16/17, 1/31/18
Docket 2112
Updated tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014. The parties should be prepared to discuss whether an evidentiary hearing is needed to resolve the disputed factual issues of whether fees for applicant's services on behalf of a creditor or equity holder were actual and necessary in making a substantial contribution to the Chapter 11 case under 11 U.S.C.
503(b)(3) and (4), and if so, what their discovery and other pretrial needs are. In addition, or in the alternative, deny as time-barred since application was filed on August 24, 2016 after the bar date for filing administrative expense professional fee claims of May 6, 2016 pursuant to Section 3.2 of Confirmed
11:00 AM
Plan at page 23, ECF 1859, based on a plan effective date of April 6, 2016. See Notice of Effective Date, ECF 1907, filed on April 7, 2016. Appearances are required on 9/21/16 to discuss scheduling of further proceedings.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Thomas M Geher David W. Meadows David W. Meadows Jerome S Cohen Jerome S Cohen Carolyn A Dye Carolyn A Dye
11:00 AM
Docket 1
Updated tentative ruling as of 6/4/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
fr. 4/18/18
Docket 82
Updated tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the hearing to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Shulman Hodges & Bastian LLP
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 3/6/18, 3/7/18, 4/4/18
Docket 1
Updated tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status
11:00 AM
report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
11:00 AM
Docket 48
Grant debtor's motions to approve compromise and to dismiss Chapter 11 bankruptcy case for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 6/6/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
fr. 3/28/18, 5/16/18
Docket 25
Updated tentative ruling as of 6/4/18. The motion appears to be moot if the court grants debtor's pending motions to approve compromise and to dismiss Chapter 11 bankruptcy case. Appearances are required on 6/6/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/16/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling. Assuming the court does not grant creditors' pending stay relief motion under 11 U.S.C. 362(d)(3), grant motion to extend plan exclusivity under 11 U.S.C. 1121(d) because cause to extend plan exclusivity for a short period of time, about 90 days, to 7/1/18 is shown by debtor marketing the property "as is," proceeding with claims resolution process by having a bar date set, attempting to obtain LADRP approval of a final subdivision map and this is the first request to extend exclusivity. Granting a first extension of plan exclusivity does not necessarily favor further extensions unless debtor makes specific progress in either marketing the property or obtaining land use approvals to develop the real property. Appearances are required on 3/28/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
fr. 3/27/18, 5/16/18
Docket 29
Updated tentative ruling as of 6/4/18. The motion appears to be moot if the court grants debtor's pending motions to approve compromise and to dismiss Chapter 11 bankruptcy case. Appearances are required on 6/6/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Revised tentative ruling as of 3/26/18. Off calendar. Continued by stipulation and order to 5/16/18 at 11:00 a.m. No appearances are required on 3/27/18.
Prior tentative ruling. Deny motion for relief from stay under 11 U.S.C. 362(d)
on grounds of bad faith since the circumstances argued by movants that the debtor is a SARE and that there are few other creditors and movants are the major creditors, and thus, this is only a two-party dispute, by themselves do not make this case to be one filed in bad faith.
Deny motion for relief from stay under 11 U.S.C. 362(d)(3) on condition that debtor pay adequate protection payments to movants based on the 8% nondefault contract rate of interest on the value of the creditors' interest in the real estate, retroactive to the date of the first adequate protection payment. It appears that: (1) counsel for the parties were negotiating adequate protection terms in good faith near the end of the 90-day period after the order for relief;
counsel for movants proposed 6% to counsel for debtor during the negotiation, but was unable to obtain client authorization for that proposal and notified counsel for debtor right before the end of the 90 day period; (3) given the shortness of time in the notification of lack of client authority by counsel for movant before the deadline, debtor made a first adequate protection
11:00 AM
payment at 6% rate preliminarily proposed by counsel for movant before the deadline, which seems to be in good faith; and (4) however, there was no agreement between the parties for adequate protection payments less than the 8% nondefault contract rate, and movants have not waived their rights under 11 U.S.C. 362(d)(3) for at least adequate protection payments based on the nondefault contract rate of 8%, the statute says what it says, and debtor needs to pay that rate as adequate protection if it wants the stay to remain in place under 11 U.S.C. 362(d)(3). If debtor is not willing to pay the 8% rate, the court will grant the motion under 11 U.S.C. 362(d)(3). Debtor in its reply states that it has no problem paying 8%, but the value of the property for adequate protection purposes should be $3 million, yielding an adequate protection payment of $20,000, which is less than what was first paid.
Apparently, during the adequate protection negotiations, the parties assumed that the value was $4.5 million, and there may be a material issue of fact of the adequacy of the adequate protection payments for purposes of 11 U.S.C. 362(d)(3) based on differences in valuation of the subject collateral. If the parties dispute valuation, the court will set an evidentiary hearing on valuation, and the parties should be prepared to discuss how they will prove up valuation for the purposes of this motion at the hearing.
Appearances are required on 3/27/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
Docket 1
Updated tentative ruling as of 6/4/18. The status conference appears to be moot if the court grants debtor's pending motions to approve compromise and to dismiss Chapter 11 bankruptcy case. Appearances are required on 6/6/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/11/18. Off calendar. Continued by stipulation and order to 6/6/18 at 11:00 a.m. No appearances are required on 5/16/18.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date and notice dates proposed in the status report are satisfactory. Because debtor indicated on the petition that this is a single asset real estate case, debtor should advise the court whether it will be asking the court for an extension of the 90 day deadline for filing a plan or commencing adequate protection payments to avoid stay relief under 11
U.S.C. 362(d)(3) for a creditor whose claim is secured by the real estate. Appearances are required on 1/10/18, but counsel may appear by telephone.
Debtor(s):
Yong Xin Investment Group, LLC Represented By
James S Yan
11:00 AM
Docket 69
Grant debtor's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 6/6/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 113
Off calendar. The court has reviewed counsel's response to the order to show cause, and based on the response, the court is issuing an order discharging the order to show cause. No appearances are necessary.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
11:00 AM
Docket 43
As to creditor's objection that the motion for use of cash collateral should not be granted on grounds that a trustee should be appointed on grounds that debtor is mentally incapacitated and the use of the Beverly Hills property is not permitted by local law. The relief that a trustee should be appointed needs to be raised by a motion under 11 U.S.C. 1112(b) and not raised in an opposition to the motion. Whether debtor lacks proper land use regulatory permits is not relevant to the issue presented by the motion of whether he may use cash collateral as requested. As to the intended use of cash collateral, the court is not inclined to approve the payment of management fees as part of the motion since the funds in excess of expenses relating to the property generating the cash collateral should be deposited into the debtor-in-possession bank accounts. From these funds rather than under the guise of a "management fee," Debtor may use estate funds for ordinary course living expenses without first asking for court authorization under 11
U.S.C. 363. In re Seely, 492 B.R. 284 (Bankr. C.D. Cal. 2013). Otherwise, no tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
1:30 PM
Docket 1
No updated tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:30 PM
fr. 5/29/18, 5/31/18, 6/1/18
Docket 433
No tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
1:30 PM
Docket 1
No updated tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by
1:30 PM
telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/30/17. No tentative ruling on the merits. Appearances are required on 11/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 493
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 4 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 53
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), (2) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Amanuel Devon Brooks Represented By Dana M Douglas
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 56
Movant failed to provide a judge's copy of the moving papers which complies with LBR 5005-2(d) and 9004-1(a)(1) requiring separately tabbed exhibits and single-sided pages. Movant failed to tab the exhibits and double-sided pages. The court will not consider the motion until movant corrects these deficiencies and complies with the court's rules. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Manuel Terrazas Represented By Leslie Richards
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 8
Updated tentative ruling as of 6/18/18. Off calendar. Motion voluntarily withdrawn by notice filed on 6/5/18. No appearances are necessary.
Prior tentative ruling. Continued by stipulation and order to 6/19/18 at 10:30
a.m. No appearances are required on 4/10/18.
Debtor(s):
Peter Spennato DDS, Inc. Represented By Heather J Canning
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 30
Treat as a contested matter under FRBP 9014 because there are disputed material issues of fact regarding whether cause is shown for lack of adequate protection and lack of good faith since movant has not met its burden of proof regarding debtor has insufficient equity in the subject property under 11
U.S.C. 362(g)(1) because its valuation evidence regarding equity is inadmissible and the circumstances indicating that debtor was the victim of fraudulent conduct and is pursuing legal action to vindicate its rights to reorganize and pay creditors. Although the court may not be able to take judicial notice of the declaration of the appraiser filed in the state court case, the court will accord sufficient time for debtor to obtain and filed a declaration regarding valuation in this case, and likewise, for movant as well. The court will also afford the parties an opportunity to present evidence on good faith, which will necessarily entail debtor's prospects for successfully reorganizing and obtaining plan confirmation in this case. See In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). The case of In re Walter, 108 B.R. 244 (Bankr. C.D. Cal. 1989) does not necessarily dictate a finding of bad faith just because debtor filed for bankruptcy after failing to obtain a preliminary injunction to enjoin a foreclosure unless debtor cannot show that it can successfully reorganize and demonstrate reasonable prospects that a plan can be confirmed as recognized by the Bonner Mall decision. Appearances are required on 6/18/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
Movant(s):
U.S. Bank National Association as Represented By
William D Coffee
10:30 AM
Docket 137
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(2) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 7, 9 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Movant(s):
St America, LLC Represented By Tammy M Hong
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(American Honda Finance Corporation C VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Anthony Santos Represented By Lane K Bogard
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jacqueline Melchor Represented By
Carlos A Delgado Ibarcena
Movant(s):
BBVA Compass Represented By Scott S Weltman
10:30 AM
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mirna Pastran Represented By Sunita N Sood
Joint Debtor(s):
Ronald Altamirez Represented By Sunita N Sood
10:30 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) to pursue non-bankruptcy remedies, including retroactive annulment of stay, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nekko Trujillo Represented By Todd B Becker
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 10
Updated tentative ruling as of 6/18/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief under 11 U.S.C. 362(d)(2) because moving papers admit that debtor has equity in the collateral, and thus, movant has failed to meet its burden of showing the lack of equity under 11 U.S.C. 362(g)(1). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by LBR 5005-2(d). If movant provides the court with a properly tabbed judge's copy of the moving papers as required by the rules, grant movant relief from stay pursuant to 11
U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief under 11 U.S.C. 362(d)(2) because moving papers admit that debtor has equity in the collateral, and thus, movant has failed to meet its burden of showing the lack of equity under 11 U.S.C. 362(g)(1). The 14-day waiting period under FRBP 4001(a)(3) is waived.
10:30 AM
Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Lorenzo M Mora Represented By Raymond Perez
Movant(s):
Partners Federal Credit Union Represented By Yuri Voronin
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
fr. 4/3/18
Docket 77
Updated tentative ruling as of 6/18/18. Off calendar. Adversary proceeding dismissed by stipulation and order entered on 5/22/18. No appearances are required on 6/19/18.
Prior tentative ruling as of 4/2/18. Appearances are required on 4/3/18, but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 72
Updated tentative ruling as of 6/18/18. Off calendar. Adversary proceeding dismissed by stipulation and order entered on 5/22/18. No appearances are required on 6/19/18.
Prior tentative ruling. Continued by prior order to 6/19/18 at 1:30 p.m. No appearances are required on 4/10/18.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:17-01479 Kurtz v. SIXTH AND VIRGIL, LLC et al.
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Adversary proceeding dismissed by stipulation and order entered on 5/22/18. No appearances are required on 6/19/18.
Prior tentative ruling as of 4/9/18. Off calendar. Continued by prior order to 6/19/18 at 1:30 p.m. No appearances are required on 4/10/18.
Prior tentative ruling. The status conference will be conducted at 3:30 p.m. at the same time as the hearing on the motion to dismiss. No tentative ruling on the merits. Appearances are required at 3:30 p.m., but counsel may appear by telephone.
Debtor(s):
Arkland Investment LLC Represented By Jeremy Faith Elizabeth Jiang
Defendant(s):
SIXTH AND VIRGIL, LLC et al. Pro Se
Plaintiff(s):
Heidi Kurtz Pro Se
Trustee(s):
Heide Kurtz (TR) Represented By
1:30 PM
Carmela Pagay Timothy J Yoo
1:30 PM
Adv#: 2:18-01120 Ehrenberg v. Cosmetics Gallery, Inc. et al
Docket 1
The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since defendants have not answered the complaint, the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Cosmetics Gallery, Inc. Pro Se
Srinivas Venkumahanti Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
Docket 1
The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
Docket 1
The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
Docket 1
The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
Docket 1
The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01125 Ehrenberg v. VC Sales and Services, LLC et al
Docket 1
The court has reviewed the joint status report of some parties and the unilateral status report of defendant VC Sales and Services, LLC. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since certain defendants have not answered the complaint and one defendant, VC Sales and Services, LLC, has not timely responded to the complaint (however, this defendant contends that service was not proper), the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed by defendants who have extensions of time to respond to the complaint and that plaintiff can request entry of default against the defendant which has not timely responded to the complaint, or that defendant's motion to set aside default can be heard. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
VC Sales and Services, LLC Pro Se
Raja Sekhar Vadlamudi Pro Se
Ravik Chigurupati Pro Se
Kavita Tummala Pro Se
1:30 PM
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01105 Krasnoff, Chapter 7 Trustee v. Javaheri et al
Docket 1
Off calendar. Contined by stipulation and order to 7/17/18 at 1:30 p.m. No appearances are required on 6/19/18.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Defendant(s):
Jilla Javaheri Pro Se
Jilla Javaheri, Trustee of the Jilla H. Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
Docket 1
Off calendar. Contined by stipulation and order to 7/3/18 at 1:30 p.m. No appearances are required on 6/19/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
1:30 PM
Plaintiff(s):
Behrouz Shadsirat Pro Se
1:30 PM
Adv#: 2:18-01149 Shadsirat v. Zargar
Docket 1
Off calendar. Contined by stipulation and order to 7/3/18 at 1:30 p.m. No appearances are required on 6/19/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
2:00 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
2:00 PM
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 11/14/17, 5/22/18, 6/5/18
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a
2:00 PM
discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 11/14/17, 5/22/18, 6/5/18
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
2:00 PM
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
2:00 PM
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 11/14/18, 5/22/18, 6/5/18
Docket 1
Updated tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By
2:00 PM
Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 11/14/17, 5/22/18, 6/5/18
Docket 1
Updated tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
2:00 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 628
Grant trustee's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 6/19/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman
2:30 PM
Docket 629
Grant trustee's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 6/19/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman
2:30 PM
Docket 627
Grant trustee's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 6/19/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman
2:30 PM
§329 and FRBP 2016 and 2017 and turnover of estate property under §542
Docket 1203
Revised tentative ruling as of 6/18/18 at 4:00 p.m. Grant trustee's motion for disgorgement as to Parker Mills LLP for the reasons stated in the moving papers and for lack of timely opposition. The motion as to Stabler and Associates, Inc., is continued by stipulation and order to 7/31/18 at 2:30 p.m. to be heard with the hearing on that party's pending fee application. The hearing on the motion as to Baker & Hostetler LLP is moot because that dispute has been resolved by stipulation and order. Appearances are required on 6/19/18 regarding the motion as to Parker Mills LLP only, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 25
The state of the pleadings is confusing. The 9-page agreement to settle Case No. BC 619694 in Exhibit A to the motion has all signatures and appears to be complete. The 12-page agreement to settle Case No. BC 643910 in Exhibit B to the motion lacks the signatures of the settling parties, except the trustee, and may not be complete because page 12 of 12 is not included. Another version of the motion was filed on 6/12/18 with a hearing date and time of 7/10/18 at 2:30 p.m., but no notice of motion accompanied this version of the motion, and Exhibit B had the signatures of the settling parties, but lacked page 12 of 12. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Ron Gerard Lohman Represented By Michael Y Lo
Trustee(s):
Carolyn A Dye (TR) Represented By Kevin Mahoney Paul John Denis
2:30 PM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee]
Docket 41
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 6/19/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Hugo Vazquez Represented By
Michael H Colmenares
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jason Balitzer SulmeyerKupetz
2:30 PM
Docket 39
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 6/19/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Hugo Vazquez Represented By
Michael H Colmenares
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jason Balitzer SulmeyerKupetz
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 38
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 6/19/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Hugo Vazquez Represented By
Michael H Colmenares
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jason Balitzer SulmeyerKupetz
2:30 PM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 130
Off calendar. The court took the motion under submission on the papers and denied the motion to dismiss for lack of merit because of plaintiff's timely filing and service of her proposed findings of fact and conclusions of law as shown on the case docket. No appearances are required on 6/19/18.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 92
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/18. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling. Grant trustee's motion for turnover of the subject property for the reasons stated in the moving papers since the subject property is property of the bankruptcy estate under the trustee's supervision pursuant to 11 U.S.C. 541(a) and 704(a). Debtor's arguments lack merit. To the extent that debtor seeks stay pending appeal of the state court judgment, it is not properly raised in the opposition, and it is not properly raised in this court since the appeal is pending in the state court system. Appearances are required on 12/12/17, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
2:30 PM
Adv#: 2:16-01440 Diamond, Chapter 7 Trustee, Plaintiff v. Wells et al
for turnover; (3) to avoid and recover fraudulent transfer; (4) imposition of a constructive trust; and (4) in the alternative, for sale of the entirety of real property pursuant to 11 U.S.C. §363(h)
fr. 8/22/17, 12/12/17, 3/27/18
Docket 1
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/21/17. No tentative ruling on the merits. Appearances are required on 8/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. No tentative ruling on the merits. Appearances are required on 5/9/17 to discuss the status of the related state court litigation in which entry of judgment was expected shortly as reported at the last status conference and the scheduling of further proceedings if judgment has not been entered and trustee is not yet prepared to dismiss this adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. The court notes that the parties failed to file a joint status report as required by LBR 7016-1. Appearances are required on 2/28/17 to discuss scheduling of further proceedings, but counsel
2:30 PM
may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and is inclined to stay the proceedings pending the trial in the related state court action starting on 1/10/17 and to set a further status conference afterwards on 1/31/17 at 1:30 p.m. Appearances are required on 1/29/16, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Sayun Wells Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Aaron E de Leest
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest
2:30 PM
#34.00 Hearing re: Motion for order approving and directing reimbursement of legal expenses incurred by president of Swing House under 11 U.S.C. §§363(c)(1), 363(b)(1), & 503(b)
Docket 446
Off calendar. The court took the motion for compensation for reimbursement of expenses under submission on the papers and denied the motion without prejudice for insufficient notice due to lack of service on all creditors pursuant to FRBP 2002(a)(6), 9013 and 9104. No appearances are required on 6/19/18.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry &
2:30 PM
Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By
2:30 PM
Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 3/20/18, 5/1/18
Docket 13
See tentative ruling for matter number 35.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
2:30 PM
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 43
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
2:30 PM
Ji Kun Lim Represented By
Mette H Kurth
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 44
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
2:30 PM
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
2:30 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 4/3/18, 5/1/18
Docket 1
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By
2:30 PM
Caroline Djang
Ji Kun Lim Pro Se
2:30 PM
Docket 232
Grant trustee's motion to extend deadline to commence action under 11
U.S.C. 727 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut
2:30 PM
Docket 238
Deny debtor's motion for turnover because debtor has not sought turnover by adversary proceeding against nondebtor third parties as required by Federal Rule of Bankruptcy Procedure 7001(1). Denial is without prejudice.
Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Docket 105
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
2:30 PM
fr. 4/18/18, 6/6/18
Docket 82
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the hearing to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
No tentative ruling as of 4/16/18. Appearances are required on 4/18/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Ryan D ODea Leonard M Shulman
Shulman Hodges & Bastian LLP
2:30 PM
Docket 1
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 3/20/18, 5/1/18
Docket 13
The matter is advanced to the 2:30 p.m. calendar. Appearances are required
at 2:30 p.m.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
3:00 PM
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 4/3/18, 5/1/18
Docket 1
Updated tentative ruling as of 6/18/18. The matter is advanced to the 2:30
p.m. calendar. Appearances are required at 2:30 p.m.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
3:00 PM
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
3:00 PM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 6/18/18. The matter is advanced to the 2:30
p.m. calendar. Appearances are required at 2:30 p.m.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a
3:00 PM
bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
3:00 PM
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 495
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 36
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) for cause to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11
U.S.C. 362(d)(2) for failure to meet burden of showing lack of equity since valuation evidence in the preliminary title report is inadmissible hearsay and lacks sufficent foundation under FRE 801 and 901 and failure to provide other supporting evidence of valuation (various references to proofs of claim and "title" but no documents). Deny relief from stay pursuant to 11 U.S.C. 362(d)
for lack of showing that requirements of that provision are met (i.e., debtor did not check off box on the petition admitting single asset real estate entity status, and it has not been shown that the court has made a determination of SARE status). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
1060 Palms, LLC Represented By Moises S Bardavid
10:30 AM
Docket 10
Revised tentative ruling as of 6/25/18. Despite filing an amended proof of service of the moving papers, movant has still not filed a proof of service of an amended notice of motion to debtor, advising debtor that the date and time of the hearing on the motion and the deadline for response as required by Local Bankruptcy Rule 9013-1(c)(2) and (d)(1) and (2). If movant cannot show that debtor has been served with a proper amended notice of motion for this hearing, deny motion without prejudice. Appearances are required on 6/26/18, but counsel may appear by telephone.
Tentative ruling as of 6/4/18. It does not appear that an amended notice of motion was filed and served on debtor personally. The proof of service itself is not an amended notice of motion, so it appears that service of the motion is still deficient. Appearances are required on 6/5/18, but counsel may appear by telephone.
Prior tentative ruling. Service of the motion is deficient since as indicated on the proof of service to the motion, there was no service on debtor required under LBR 4001-1(c)(1)(C)(i) which requires service not just on debtor's attorney, but debtor himself. Movant also failed to provide a judge's copy of the moving papers with separately tabbed exhibits as required by LBR
5005-2(d). Appearances are required on 5/8/18, but counsel may appear by telephone.
Debtor(s):
Salvador Alejandre Represented By
Carlos A Delgado Ibarcena
10:30 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 31
Deny debtor's motion to reimpose the automatic stay because this would be vacating the court's final order granting creditor relief from the automatic stay, which the court lacks jurisdiction to do now because the order granting relief from stay is currently on appeal. Appearances are required on 6/26/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Robert Whitfield Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtor)
Docket 12
Deny motion for stay relief because movant has not provided sufficient evidence of standing to seek stay relief since the so-called certificate of title is not what it purports to be as a third party non-governmental report, and not a government issued certificate of title. The report lacks evidentiary foundation. FRE 602, 901 and 902. The security agreement does not list movant on title either. Appearances are required on 6/26/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures.
Debtor(s):
Melissa Rae Lloyd Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 51
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
No updated tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
1:30 PM
Adv#: 2:13-01443 Gill v. Nexgen Energy Holdings PCC
fr. 1/30/18, 3/27/18, 4/24/18
Docket 1
Updated tentative ruling as of 6/25/18. Off calendar. Default judgment entered. No appearances are required on 6/26/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/17. Off calendar. The court has reviewed plaintiff's unilateral status report and noted that the docket reflects that default has been entered against defendant Shetabi on the third amended complaint. The court on its own motion continues the status conference for about 60 days to 3/27/18 at 1:30 p.m. to allow time for plaintiff to file a renewed motion for entry of default judgment. No appearances are required on 1/30/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. No tentative ruling on the merits. Appearances are required on 9/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed trustee's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/6/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/7/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/16. The parties in their joint status report indicated that they had an interest in mediation. Perhaps the parties can consider and discuss the possibility to refer the matter first to mediation before proceeding with full-blown litigation of the remaining claims.
Appearances are required on 10/11/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/6/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. The court has reviewed the joint status report of some of the parties appearing in this matter, including the attached statement of the Burris Parties, as well as the separate status statement of Eric Herrera.
The court also notes the parties used an obsolete version of the Joint Status Report form from December 2012, and in the future, the parties should use the current version of the form adopted in December 2015. The new joint status report form solicits the parties' positions as to whether they consent to the bankruptcy court's determination of noncore claims in light of Stern v.
Marshall, 131 S.Ct. 2594 (2011), Executive Benefits Insurance Agency v. Arkison, 134 S.Ct. 2165 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S.Ct. 1932 (2015). If consent of all parties is given, the bankruptcy court will enter a final judgment, but if consent of all parties is not given, then the court will issue proposed findings of fact and conclusions of law for de novo review by the district court. Id.
Appearances are required on 6/21/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 12/8/2014. Off calendar. The court has issued an order vacating the hearings and taking the matters under submission.
Revised tentative ruling as of 12/2/14. Off calendar. The court continues the status conference on its motion to 12/9/14 at 2:00 p.m. due to congestion on the court's calendar, its continuing deliberation on the various dismissal motions. and the inclement weather today. No appearances are required on 12/2/14.
Prior tentative ruling as of 12/1/14. No tentative ruling. Appearances are required on 12/2/14. Counsel may appear telephonically.
Prior tentative ruling as of 11/24/14. Off calendar. The status conference is continued on the court's own motion to 12/2/14 at 3:30 p.m. in light of the continuances of the pending motions to dismiss. No appearances are required on 11/25/14.
Tentative ruling as of 11/17/14. Off calendar, continued to 11/25/14 at 3:30
p.m. by order entered 11/17/14. Appearances are not required on 11/18/14.
Updated tentative ruling as of 8/25/14. Off calendar. The court on its own motion continues the status conference to 9/23/14 at 2:30 p.m. to be conducted with the hearings on the defendants' motions to dismiss the third amended complaint. No appearances are required on 8/26/14
Prior tentative ruling as of 7/28/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 8/26/14 at 1:30 p.m. in light of the dismissal of the second amended complaint and the time for filing and serving a third amended complaint has not expired. No appearances are required on 7/29/14
Prior tentative ruling as of 6/2/14. Off calendar. The court has reviewed the appearing parties' status report and continues the status conference to 7/29/14 at 1:30 p.m. in light of the pending motions of several defendants to dismiss to be heard on 6/17/14 and 7/8/14 and in light of plaintiff's continuing efforts to effect service of process on other defendants. No appearances are
1:30 PM
required on 6/3/14
Prior tentative ruling as of 1/13/14. Off calendar. To be heard at 3:00 p.m. calendar with plaintiff's motion to file amended complaint. Appearances are required on 3:00 p.m. calendar, not at 1:30 p.m..
No updated tentative ruling as of 11/25/13. Appearances are required on 11/26/13, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Appearances are required on 10/15/13 to discuss scheduling and the status of mediation since the parties do not agree. Since the parties intend to bring cross-motions for summary judgment, the court request the parties to discuss and consider trying the case on stipulated facts in lieu of cross-motions for summary judgment.
Prior tentative ruling The court has reviewed the joint status report. Appearances are required on 6/11/13 to discuss scheduling and mediation since the parties do not agree.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Defendant(s):
Nexgen Energy Holdings PCC Pro Se
Plaintiff(s):
DAVID Gill Represented By
Nathan D Meyer
Trustee(s):
David A Gill (TR) Pro Se
David A Gill (TR) Represented By David A Gill (TR)
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01680 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(3) Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C.
§502(b)(1); (4) Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C. §502(d); (5) Equitable subordination of scheduled claims of Douglas Chrismas and Jennifer Kellen pursuant to 11 U.S.C §510(c); (6) For recharacterization of scheduled unsecured claims; (7) For avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550; (8) For
avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550;
(9) For avoidance of fraudulent transfers pursuant to 11 U.S.C. §§548(a)(1)(A) and 550; (10) For avoidance of fraudulent transfers pursuant to 11 U.S.C.
§§548(a)(1)(B) and 550; (11) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(1); and (12) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(2)
fr. 4/26/17, 5/17/17, 7/25/17
Docket 1
Updated tentative ruling as of 6/25/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on
1:30 PM
12/13/16, but counsel may appear by telephone.
Updated tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Douglas James Chrismas Pro Se
Jennifer Kellen Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
1:30 PM
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01111 Reynoza-Fonseca v. Ruiz
Docket 1
The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Defendant(s):
Rossby Ruiz Pro Se
Plaintiff(s):
Ageda Reynoza-Fonseca Represented By Steven J Shapero
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
Docket 1
Updated tentative ruling as of 6/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/31/18. The court will discuss with the parties the need for a pretrial conference and a cutoff date for a summary judgment hearing. If the parties can work cooperatively on their witness and exhibit lists, given the relatively few exhibits and witnesses, a pretrial conference may not be necessary. It seems to the court that it would be easier just to try the case and set a date since summary judgment motion proceedings may delay setting of trial. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. Off calendar. Continued on the court's own motion to 3/20/18 at 2:30 p.m. No appearances are required on 2/6/18.
Prior tentative ruling. Continued ;by stipulation and order to 2/6/18 at 2:30
p.m. No appearances are required on 1/23/18.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By
1:30 PM
Trustee(s):
John D Faucher
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01047 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Sican Roca et al
(11) denial of discharge fr. 4/17/18
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Defendant(s):
Marvin Abel Sican Roca Pro Se
Angelica Maria Rodriguez Pro Se
Oscar L. Sican Pro Se
Angelica Sican Martinez Pro Se
Bayview Loan Servicing, LLC. Pro Se
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
1:30 PM
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Adjoa Anim-Appiah
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
1:30 PM
Adv#: 2:18-01118 First National Bank Of Omaha v. Farrell
Docket 1
Off calendar. Judgment entered. No appearances are necessary.
Debtor(s):
Kevin Gregory Farrell Represented By Jeffrey N Wishman
Defendant(s):
Kevin Gregory Farrell Pro Se
Plaintiff(s):
First National Bank Of Omaha Represented By Cory Email Cory J Rooney
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 6/25/18. Appearances are required on 6/26/18.
Debtor(s):
Ora D Jones Trust Pro Se
2:00 PM
Adv#: 2:15-01323 Franowicz et al v. Cook et al
fr. 8/8/17, 10/17/17, 12/12/17, 4/10/18
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18.
Prior tentative ruling as of 4/9/18. The court has reviewed the joint pretrial stipulation, and after its review, the court is of the opinion that the matter is not ready for trial. The parties have indicated that expert discovery has not been completed. Plaintiffs have stated that they will call expert witnesses at trial, and defendant reserved his right to do so. The court believes that the parties should disclose the identity of their expert witnesses and be required for such expert witnesses to produce their expert reports, and a deposition schedule be set. As to evidentiary objections to exhibits, the parties have each stated that they reserve all objections to some exhibits, which is not permitted by the court's rules and procedures, and the court will disregard the reservation of rights to object, which means that the parties asserting an objection must state specific groudns for an objection or the objections based on reservations of rights will be overruled, and such exhibits will be received into evidence. The court will allow parties some time to interpose objections based on specific grounds as to those exhibits. As to presentation of deposition testimony, plaintiffs state that they will object to the use of deposition testimony of plaintiffs, but do not state a reason. It appears to the court that the parties should mark and countermark deposition transcripts in accordance with the court's local rules and the parties can interpose objections to admission of deposition testimony at that time. In the joint pretrial stipulation, defendant stated that the trial should be bifurcated to first determine the existence of a debt and then determine whether such debt is dischargeable, but plaintiffs stated no position as to bifurcation. The court is
2:00 PM
not inclined to bifurcate the trial since there is no apparent benefit to the court or the parties by doing so, but plaintiffs will need to state their position on the issue. The parties should be prepared to discuss scheduling of expert discovery, submission of an amended joint pretrial stipulation and dates for a further pretrial conference. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/16/17. Appearances are required on 10/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 8/7/17. The court has reviewed plaintiffs' status report stating that they intend to proceed with prosecution of the adversary complaint. According to the status report, plaintiffs seek specified damages of $32,018.06 for rent and settlement costs, plus an unspecified amount of damages for attorneys' fees they have incurred. Plaintiffs should be prepared to disclose: (1) the amount of attorneys' fees that they incurred and are seeking an award and (2) the substantive legal basis for an award of attorneys' fees because none was alleged in the complaint or specified in the purchase and sale agreement for the subject property (preliminarily, the court is of the view that the attorneys' fees clause in the lease agreement would not apply since the alleged fraud was with the purchase and sale agreement).
Appearances are required on 8/8/17 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. The court has reviewed the joint pretrial stipulation. No tentative ruling on the merits. The court will discuss the issues raised in the joint pretrial stipulation regarding the effect of the approval of the settlement between trustee and the Franowicz/Gallagher parties. Appearances are required on 6/27/17.
Prior tentative ruling as of 5/26/17. Off calendar. Continued to 6/27/17 at 2:00 p.m. as stated orally at a hearing on trustee's motion to approve
2:00 PM
settlement with Franowicz/Gallagher parties in the main bankruptcy case on 5/15/17. No appearances are required on 5/30/17.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/13/17. The court has reviewed the joint status report. Appearances are required on 1/17/17 to discuss scheduling of further proceedings, including a pretrial conference.
Prior tentative ruling as of 5/27/16. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/31/16, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 2/22/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/24/16 to address scheduling and referral to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 12/14/15. Treat as contested matter under FRBP 9014. No tentative ruling on the merits. Appearances are required on 12/16/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 11/23/15. Off calendar. This matter is trailed with the pretrial conference on creditors' motion to dismiss the bankruptcy case and debtors' motion to reject executory contract, which have been continued by stipulation and order to 12/15/15 at 2:00 p.m. No appearances are required on 11/24/15.
Prior tentative ruling as of 10/9/15. Off calendar. Continued to 11/24/15 at 2:00 p.m. on the court's own motion at a hearing in the bankruptcy case on 10/6/15. No appearances are required on 10/13/15.
2:00 PM
Prior tentative ruling. The court has reviewed the joint status report requesting that the status conference be continued until after the evidentiary hearing on creditors' motion to dismiss the underlying bankruptcy case is conducted. Appearances are required on 8/25/15 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian J Cook Represented By
Rex Tran
Victoria Velasquez Cook Represented By Andrew Goodman Rex Tran
Interested Party(s):
Courtesy NEF Represented By Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
2:00 PM
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Adv#: 2:14-01367 Pentagon Federal Credit Union v. Bucio
Docket 23
No tentative ruling as of 6/25/18. The procedural posture in this matter is unclear since the debtor's claim of exemption disputed by movant is not included in the moving papers, and debtor has not filed any response to the motion. Movant is asking the court to reconsider the amount of exemption that debtor is claiming on his claim of exemption, which is not apparently in the record. Appearances are required on 6/26/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedure posted online on the court's website.
Debtor(s):
Eleonso Bucio Represented By Marlin Branstetter
Defendant(s):
Eleonso Bucio Pro Se
Plaintiff(s):
Pentagon Federal Credit Union Represented By
A. Lysa Simon
A. Lysa Simon
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 1209
Treat as a contested matter under FRBP 9014 because there are material issues of fact for trial regarding whether movant has made a substantial contribution, which is disputed by other parties. The parties should meet and confer regarding their pretrial needs and a proposed pretrial and trial schedule. Appearances are required on 6/26/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 453
Off calendar. Continued to 7/31/18 at 2:30 p.m. by order entered on 6/11/18. No appearances are required on 6/26/18.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Application for fees and expenses [Brad D. Krasnoff, Chapter 7 Trustee]
Docket 27
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 6/26/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Luiz Alberto Avila Represented By Heather J Canning
Joint Debtor(s):
Claudia Ramirez Represented By Heather J Canning
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 250
No tentative ruling as of 6/25/18. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Docket 252
No tentative ruling as of 6/25/18. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
U.S.C. §707(a), with a 180-day refiling bar; or in the alternative, motion to extend bar date for filing motion to dismiss case for abuse under §707(b)(3) and/or complaint under 11 U.S.C. §727 objecting to debtor's discharge
Docket 26
Grant motion of United States Trustee to dismiss for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Margrit Ovasepian Represented By Arman Saakyan
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 123
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed
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debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. Continued to 10/24/18 at 11:30 a.m.
by prior order. No appearances are required on 6/27/18.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17, but counsel may appear by telephone.
Updated tentative ruling as of 12/12/16. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 10/31/16. Off calendar. The court on its own motion vacates this status conference in light of the pending proceedings regarding the amended disclosure statement for which there are separate hearings at which the status of the case is considered. No appearances are required on 11/3/16.
Updated tentative ruling as of 7/5/16. No tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 7/6/16, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 4/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
No updated tentative ruling as of 12/14/15. Appearances are required on 12/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 6/30/15. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/1/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Prior tentative ruling as of 4/28/15. Appearances are required on 4/29/15, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling as of 4/13/15. Appearances are required on 4/15/15 to
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address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
Movant(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
fr. 1/4/18, 3/21/18, 4/25/18
Docket 79
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second
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prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 109
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on
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5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
11:00 AM
Docket 1
Updated tentative ruling as of 6/27/18. Off calendar. Status conference continued to 8/22/18 at 11:30 a.m. per hearing held on 6/19/18.
Appearances are not required on 6/27/18.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 10
Updated tentative ruling as of 6/25/18. The motion and hearing appear to be moot since the case has been converted to Chapter 7. Appearances are optional on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/4/18. Off calendar. Continued by stipulation and order to 6/27/18 at 11:00 a.m. [note change in date and time from what was proposed]. No appearances are required on 4/5/18.
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 3/19/18, but counsel may appear by telephone.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Movant(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
11:00 AM
Docket 28
The court will treat the motion as a contested matter under FRBP 9014 since there are disputed issues of material fact concerning valuation requiring an evidentiary hearing. The parties should be prepared to discuss scheduling of pretrial and trial proceedings. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:30 AM
Docket 174
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
Docket 118
Off calendar. The hearing is moot because the case was converted to Chapter 7. No appearances are necessary.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
11:30 AM
Docket 37
Off calendar. Motion is resolved by stipulation and order, and hearing is vacated. No appearances are necessary.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:30 AM
Docket 1
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
2:00 PM
Docket 372
Updated tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/29/18 at 1:30 p.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:18-01216 San Pedro Waterfront, LLC, dba Ports O'Call R v. City of Los Angeles, a
Docket 2
No tentative ruling will be issued for the matter heard on shortened notice. Appearances are required on 6/29/18, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
Defendant(s):
City of Los Angeles, a municipal Pro Se
Plaintiff(s):
San Pedro Waterfront, LLC, dba Represented By
David R Haberbush Vanessa M Haberbush
Jayme Wilson dba Spirit Cruises Represented By
David R Haberbush
10:30 AM
(Rehabbers Financial, Inc. dba Aztec Financial VS Debtor)
Docket 42
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
No tentative ruling on motion as to stay relief under 11 U.S.C. 362(d)(4) as to whether the bankruptcy petition was in aid of a scheme to hinder, delay or defraud creditor since the prior multiple filing was due to lack of counsel in the prior bankruptcy case and apparently debtor was making payments from September 2016 to the time of default in November 2017.
Appearances are required on 7/3/18, but counsel may appear by telephone.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(Rehabbers Financial, Inc. dba Aztec Financial VS Debtor)
Docket 41
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
No tentative ruling on motion as to stay relief under 11 U.S.C. 362(d)(4) as to whether the bankruptcy petition was in aid of a scheme to hinder, delay or defraud creditor since the prior multiple filing was due to lack of counsel in the prior bankruptcy case and apparently debtor was making payments from September 2016 to the time of default in November 2017.
Appearances are required on 7/3/18, but counsel may appear by telephone.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(People of the State of California and The City of Beverly Hills. VS Debtor)
Docket 55
Overrule debtor's objections to declaration of Eric Markus for the reasons stated in movant's response. The declaration merely summarizes movant's allegations in the state court complaint and its reasons for seeking stay relief and does not go to the truth of the matters stated therein, only stating what is alleged in the complaint or what movant alleges to support its request for stay relief, and is not hearsay under FRE 801 and 802. The court does not determine the merits of movant's claims, but only determines whether movant has a colorable claim to enforce its rights in a nonbankruptcy forum.
Moreover, personal knowledge is not needed under FRE 602 because the court can take judicial notice of what is alleged in the state court complaint under FRE 201 and the court determines that the declaration is admissible as merely asserting what the party's contentions are to request stay relief and thus, raising a preliminary question which does not bind the court to the rules of evidence under FRE 104.
Grant motion for stay relief under 11 U.S.C. 362(d)(1) and (b)(4) for the reasons stated in the moving papers, that is, to allow movant as a governmental unit to seek relief in a nonbankruptcy forum to enforce its police and regulatory power since land use regulation is within the scope of that power. However, under 11 U.S.C. 362(b)(4), movant may not enforce any monetary relief against debtor or property of the bankruptcy estate because the automatic stay remains as to enforcement of such relief. No tentative ruling on the request for waiver of the 14-day stay on enforcement under FRBP 4001(a)(3).
Appearances are required on 7/3/18, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gianna Pabla Aquino Represented By Brian J Soo-Hoo
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
fr. 6/19/18
Docket 56
Updated tentative ruling as of 7/2/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant failed to provide a judge's copy of the moving papers which complies with LBR 5005-2(d) and 9004-1(a)(1) requiring separately tabbed exhibits and single-sided pages. Movant failed to tab the exhibits and double-sided pages. The court will not consider the motion until movant corrects these deficiencies and complies with the court's rules.
Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Manuel Terrazas Represented By Leslie Richards
10:30 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 85
No tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
2:30 PM
Docket 87
The court notes that the zipcode on the proof of service of notice for Creditor Citibank is incorrect and does not match the mailing matrix. The court notes that debtor filed a reservation of rights regarding applicant's interim fee application. In reviewing the fee application, the court notes that applicant billed $1,074.50 in fees (2.1 hours by Ms. Singh at $295/hour and 0.7 hour by Mr. Israel) for preparation and review of a simple stipulation and order to extend time to file a complaint under 11 U.S.C. 727, filed on 10/30/17, which is excessive for the task performed and indicates that more careful exercise of billing judgment by applicant and closer scrutiny by the court may be warranted. In the court's view, only 0.5 hour by the associate and 0.2 hour by the partner is warranted for this task, which is essentially a form document that requires minimal preparation, review and discussion. In lieu of holding back the fee application for closer scrutiny since this is only an interim application and the court will not be reviewing the application on a final basis at this time, the court will order a 10% holdback on the requested amount, which applicant can request later in the final fee application, or the court can closely scrutinize the fee application which will require additional time before a ruling is made. The court also comments that if debtor has concerns regarding applicant's fee application, it must raise specific objections to the billing entries in the fee application.
Approve interim fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection, subject to a 10% holdback. Appearances are optional on 6/19/18, but trustee and applicants may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
2:30 PM
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Docket 89
Approve interim fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/3/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
fr. 6/5/18
Docket 41
No updated tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Prior tentative ruling. Since it appears that the state court litigation for which movant seeks stay relief based on mandatory abstention has been removed by debtors to this court, the court is inclined to deny the motion without prejudice because there is no pending litigation in state court for this court to abstain for. See In re Roman Catholic Bishop of San Diego, 374 B.R. 756, 760 (Bankr. S.D. Cal. 2007), citing inter alia, Security Farms v. International Brotherhood of Teamsters, 124 F.3d 999, 1009-1010 (9th Cir. 1997). Movant will need to bring a motion for equitable remand under 28 U.S.C. 1452(b) in conjunction with a renewed stay relief motion for the state court litigation to proceed. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Movant(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
Docket 8
Updated tentative ruling as of 7/2/18 at 5:30 p.m. Having reviewed the moving and opposing papers, the court is of the view that the ruling will depend on the analysis of the various equitable remand factors set forth in In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n. 18 (9th Cir. BAP 2009),
citing, In re Enron Corp., 296 B.R. 505, 508 n. 2 (C.D. Cal. 2003) and the ruling may well turn on the impact of movant's filing of a proof of claim in this bankruptcy case as discussed in In re Conejo Enterprises, Inc., 96 F.3d 346, 353-354 (9th Cir. 1996). (In this regard, the court notes that the reliance of respondents on the superseded opinion in In re Conejo Enterprises, Inc., 71 F.3d 1460, 1467 (9th Cir. 1995) for the proposition that "by filing a proof of claim a creditor forsakes its right to adjudicate before a jury any issue that bears directly on the allowance of that claim" is misplaced because the earlier opinion was superseded and the language of the earlier opinion was not incorporated into the superseding opinion and is thus inoperative.) Counsel should be prepared to discuss the equitable remand factors and the impact of filing of a proof of claim by movant on the analysis of these factors.
Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
2:30 PM
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
fr. 6/19/18
Docket 1
No tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Plaintiff(s):
Behrouz Shadsirat Pro Se
2:30 PM
Adv#: 2:18-01149 Shadsirat v. Zargar
Docket 8
Updated tentative ruling as of 7/2/18 at 5:30 p.m. Having reviewed the moving and opposing papers, the court is of the view that the ruling will depend on the analysis of the various equitable remand factors set forth in In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n. 18 (9th Cir. BAP 2009),
citing, In re Enron Corp., 296 B.R. 505, 508 n. 2 (C.D. Cal. 2003) and the ruling may well turn on the impact of movant's filing of a proof of claim in this bankruptcy case as discussed in In re Conejo Enterprises, Inc., 96 F.3d 346, 353-354 (9th Cir. 1996). (In this regard, the court notes that the reliance of respondents on the superseded opinion in In re Conejo Enterprises, Inc., 71 F.3d 1460, 1467 (9th Cir. 1995) for the proposition that "by filing a proof of claim a creditor forsakes its right to adjudicate before a jury any issue that bears directly on the allowance of that claim" is misplaced because the earlier opinion was superseded and the language of the earlier opinion was not incorporated into the superseding opinion and is thus inoperative.) Counsel should be prepared to discuss the equitable remand factors and the impact of filing of a proof of claim by movant on the analysis of these factors.
Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By
2:30 PM
Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
2:30 PM
Adv#: 2:18-01149 Shadsirat v. Zargar
fr. 6/19/18
Docket 1
No tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
2:30 PM
Docket 11
Service of notice of motion is insufficient since not all creditors were served with notice of motion as required by FRBP 2002(a)(4), 9013 and 9014 since the motion is brought under 11 U.S.C. 707(a)(1) for cause, namely, unreasonable delay prejudical to creditors, rather than 11 U.S.C. 707(a)(3) for failure to file information required under 11 U.S.C. 521(a)(1). Movant to serve amended notice of motion on all creditors with a new hearing date, or alternatively, deny motion without prejudice, but grant motion to extend deadline to file either a motion to dismiss for abuse under 11 U.S.C. 707(b)(3) or an adversary proceeding under 11 U.S.C. 727. Appearances are required on 7/3/18, but counsel may appear by telephone.
Debtor(s):
Varduhi Badalyan Represented By
Ken Shakhgulyan
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 112
Off calendar. The court has ruled on the motion by written order. No appearances are required on 7/3/18.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 110
Off calendar. The court has ruled on the motion by written order. No appearances are required on 7/3/18.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
10:00 AM
Docket 13
- NONE LISTED -
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 7/5/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:00 AM
11 U.S.C. §366
Docket 15
- NONE LISTED -
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 7/5/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:00 AM
Docket 16
- NONE LISTED -
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 7/5/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
9:00 AM
Adv#: 2:18-01216 San Pedro Waterfront, LLC, dba Ports O'Call R v. City of Los Angeles, a
fr. 6/29/18
Docket 12
Revised tentative ruling as of 7/6/18 at 3:00 p.m. The court has reviewed plaintiff's memorandum of points and authorities filed on 7/5/18. As articulate as plaintiff's brief is, its basic argument that plaintiff has an equitable right to property by mere possession of the property is flawed because it is contrary to the Ninth Circuit's holding in In re Perl, 811 F.3d 1120 (9th Cir. 2016), disapproving a similar argument adopted in In re Butler, 271 B.R. 867 (Bankr.
C.D. Cal. 2002). It appears that based on In re Perl, 811 F.3d at 1130, plaintiff was divested of all legal and equitable possessory rights that would otherwise be protected by an automatic stay when the unlawful detainer judgment and writ of possession were entered pursuant to California Code of Civil Procedure 415.46. See also, California Code of Civil Procedure 1161(1); 11
U.S.C. 362(b)(10). The case relied upon by plaintiff, King v. Gotz, 70 Cal. 236 (1886), is distinguishable because it involved a claim of homestead on encumbered real property, and did not involve rights of landlord tenant law, and the quoted language, that "the mere possession of real estate is constantly treated as property, which may be purchased and sold" is dicta. Appearances are required on 7/9/18.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
Defendant(s):
City of Los Angeles, a municipal Represented By
Allan H Ickowitz
9:00 AM
Plaintiff(s):
San Pedro Waterfront, LLC, dba Represented By
David R Haberbush Vanessa M Haberbush Lane K Bogard
Jayme Wilson dba Spirit Cruises Represented By
David R Haberbush
10:30 AM
(Summit Pointe Homeowners Association VS Debtor)
Docket 1218
Deny motion for stay relief as moot because stay terminated as to debtor on denial of discharge on 12/21/17 pursuant to 11 U.S.C. 362(c)(2)(C) and as to the subject property as property of the estate upon abandonment on 3/15/17 pursuant to 11 U.S.C. 362(c)(1).
If movant requests, the court will issue an order confirming that the stay has been terminated pursuant to 11 U.S.C. 362(j).
Deny request for extraordinary relief in paragraph 5 for stay annulment to petition date for failing to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500
B.R. 598 (9th Cir. BAP 2013) have been met.
Deny request for extraordinary relief in paragraphs 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr.
E.D. Cal. 2009).
Appearances are required on 7/10/18, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By
10:30 AM
Chad V Haes
D Edward Hays Kristine A Thagard
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 148
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Carlos Horacio Hernandez Represented By Lauren M Foley
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Patricia Guzman Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 2/27/18, 3/27/18, 5/8/18
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint status report and notes that the parties have not had their LBR 7026-1 conference. The court is inclined to continue the status conference until the parties have completed their LBR 7026-1 conference and suggests that they conduct the business of LBR 7026-1 conference before the status conference to obviate the need for a continuance. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
Debtor(s):
Wladimir John Klimenko Represented By
1:30 PM
Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01161 LJ Properties Inc A Calif Corp v. Luckette
Docket 1
No tentative ruling as of 7/9/18. Appearances are required on 7/10/18.
Debtor(s):
Amanuel Devon Brooks Represented By Dana M Douglas
Defendant(s):
Ziapone Luckette Pro Se
Plaintiff(s):
LJ Properties Inc A Calif Corp Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 2/27/18, 3/20/18, 5/1/18
Docket 1
Updated tentative ruling as of 7/9/18. Off calendar. Continued by stipulation and order to 8/28/18 at 1:30 p.m. No appearances are required on 7/10/18.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:18-01008 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
(3) disallowance of any claims of defendants; (4) violation of fair debt collection practices act
fr. 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/9/18. Off calendar. Adversary proceeding dismissed by notice filed on 6/21/18. No appearances are required on 7/10/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report requesting a continuance of the status conference for about 60 days. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m, and has entered an order so continuing the status conference. A joint status report is due on 5/15/18. Plaintiff is to give written notice of continuance to defendant or its counsel. No appearances are required on 3/20/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, a Division of Pro Se
1:30 PM
Entra Default Solutions, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01061 Wolkowitz v. Chea
fr. 5/8/18
Docket 1
Updated tentative ruling as of 7/9/18. Off calendar. Adversary proceeding dismissed by notice filed on 6/21/18. No appearances are required on 7/10/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report requesting a 60 day continuance of the status conference so the parties can complete their settlement discussions. The court on its own motion continues the status conference to 7/10/18 at 1:30 p.m. Plaintiff to give notice to defendant and his counsel. No appearances are required on 5/8/18.
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Samuel Chea Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
1:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
Docket 1
Off calendar. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at 2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss.
No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Sun Y Kim Pro Se
Jong Joo Kim Pro Se
1:30 PM
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 5/22/18, 6/5/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties
2:00 PM
have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 5/22/18, 6/5/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator
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and alternate mediator by 5/19/17 and complete mediation by 9/26/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
2:00 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete
2:00 PM
mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 5/22/18, 6/5/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of
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mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 5/22/18, 6/5/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 28
Off calendar. Motion voluntarily dismissed by notice filed on 6/14/18. No appearances are required on 7/10/18.
Debtor(s):
Ron Gerard Lohman Represented By Michael Y Lo
Trustee(s):
Carolyn A Dye (TR) Represented By Kevin Mahoney Paul John Denis
2:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
Docket 9
Off calendar. Hearing on motion continued and renoticed for hearing on 7/31/18. No appearances are required on 7/10/18.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Represented By Clifford Bordeaux
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
Docket 125
No tentative ruling as of 7/9/18. Appearances are required on 7/10/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
Docket 92
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/18. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling. Grant trustee's motion for turnover of the subject property for the reasons stated in the moving papers since the subject property is property of the bankruptcy estate under the trustee's supervision pursuant to 11 U.S.C. 541(a) and 704(a). Debtor's arguments lack merit. To the extent that debtor seeks stay pending appeal of the state court judgment, it is not properly raised in the opposition, and it is not properly raised in this court since the appeal is pending in the state court system. Appearances are required on 12/12/17, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By
2:30 PM
Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
Adv#: 2:16-01440 Diamond, Chapter 7 Trustee, Plaintiff v. Wells et al
for turnover; (3) to avoid and recover fraudulent transfer; (4) imposition of a constructive trust; and (4) in the alternative, for sale of the entirety of real property pursuant to 11 U.S.C. §363(h)
fr. 12/12/17, 3/27/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/21/17. No tentative ruling on the merits. Appearances are required on 8/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. No tentative ruling on the merits. Appearances are required on 5/9/17 to discuss the status of the related state court litigation in which entry of judgment was expected shortly as reported at the last status conference and the scheduling of further proceedings if judgment has not been entered and trustee is not yet prepared to dismiss this adversary proceeding, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 2/27/17. The court notes that the parties failed to file a joint status report as required by LBR 7016-1. Appearances are required on 2/28/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and is inclined to stay the proceedings pending the trial in the related state court action starting on 1/10/17 and to set a further status conference afterwards on 1/31/17 at 1:30 p.m. Appearances are required on 1/29/16, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Sayun Wells Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Aaron E de Leest
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest
2:30 PM
Application for fees and expenses [David Goodrich, Chapter 7 Trustee]
Docket 33
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/10/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Susan Y Shim Represented By Young K Chang
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
[Hahn, Fife & Company, Accountant for Chapter 7 Trustee]
Docket 25
Since the court has granted trustee's prior motion to employ and pay the tax preparer, there is no need for a separate hearing as to the compensation of the tax preparer aside from being considered as part of the trustee's final report. Appearances are optional on 7/10/18, but trustee and applicant may appear by telephone.
Debtor(s):
Susan Y Shim Represented By Young K Chang
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Docket 32
Off calendar. Continued by stipulation and order to 7/31/18 at 2:30 p.m. No appearances are required on 7/10/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 19
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/10/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Jose Antonio Horta Luna Represented By
James Geoffrey Beirne
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Docket 1230
Grant trustee's motion to abandon estate's interest in potential claims against Kristen Whitney for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 7/10/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Movant(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 9
Off calendar. The court ruled on the application, granting it. No appearances are necessary.
Debtor(s):
Angelica Cristal Villamar Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:00 AM
Docket 94
Updated tentative ruling as of 7/9/18. Based on the plan vote, the plan is not confirmable if there are impaired classes of claims and not one impaired class has accepted the plan pursuant to 11 U.S.C. 1129(a)(10). Debtor apparently argues that the plan may be confirmed because there are no impaired classes, that is, the objecting creditor, Umbrella, which voted against the plan, and whose vote shows that the general unsecured class rejected the plan, is unimpaired. There is a material factual dispute to be resolved at the hearing as to whether Umbrella's prepetition claim is unimpaired in order to disregard its vote to show that there are no impaired classes of claims. The court notes that Umbrella may have a postpetition administrative claim that will require payment, and debtor will need to show that the plan is feasible to pay the claims under the plan and administrative expense claims, including Umbrella's. Debtor will have to prove up lack of impairment of Umbrella's prepetition claim and plan feasibility. Otherwise, no tentative ruling on the merits. Appearances are required on 7/11/18.
Prior tentative ruling as of 5/1/18. The court has reviewed debtor's amended disclosure statement. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. Deny approval of disclosure statement. The amended disclosure statement is difficult to follow and confusing. The court thinks it can be boiled down to the following chart. Appearances are required on 4/18/18, but counsel may appear by telephone.
9:00 AM
Goins feasibility analysis Payments on Effective Date Loan arrearages to Umbrella on 65th Street: | $136,107.20 |
$27,844.89 | |
Priority claims | |
IRS | $1,818.51 |
IRS | $40.079.00 |
FTB | $111.59 |
City of LA | $361.09 |
Unsecured general claims (100% payment): | $7,636.43 |
Professional fees | |
United States Trustee fees | |
Total |
Source of payments on effective date:
Family contribution: $150,000
Estate funds (including sale of Bronson property)
Total
9:00 AM
Payment of Secured claims:
Bedford property $5,842.83
Property taxes
Source of payments on Bedford Estate income (including from
Trust property management fees and 65th Street rental income)
65th Street property Property taxes | $3,600.00 |
Other expenses | |
Source of payments on 65th Street Rental income on 65th Street | $8,300.00 |
Income and expense for plan: Income
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Trust management fee income $5,000.00
Rental income from 65th Street $8,300.00
$13,300.00
Expenses
Rental property expenses from
65th Street $4,300.00
Personal expenses, including
Bedford mortgage $7,750.00 Total expenses $12,050.00
Net income $1,300.00
Updated tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. The amended disclosure statement is deficient and needs to be revised. First and foremost, no plan was attached to the disclosure statement, including Exhibits A and B, as well as the recently approved stipulation and order between debtor and secured creditor Christiana Trust. If debtor meant to attach the Plan last filed on 9/1/16, it
9:00 AM
should be updated to be accompany the amended disclosure statement. The court agrees with the objections of creditor Umbrella Investment Group that the amended disclosure statement lacks adequate information, including basic information about payment of general unsecured claims, how, what amounts and when. The last filed plan on 9/1/16 stated that general unsecured claims will be paid 100% and that debtor has rental income of
$8,300, but no information is provided as to how, when and what means to implement the plan, so creditors can evaluate feasibility. Financial projections of income and expense for the duration of the plan term are missing and should have been provided. Perhaps debtor's use of the form disclosure statement should be jettisoned, and debtor should use a narrative disclosure statement in plain English to describe what he proposes to the creditors in his plan. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. Pending before the court is debtor's amendment to disclosure statement filed on 9/1/16, which has been noticed for hearing on 12/5/17. This amendment amends the original disclosure statement filed on 11/17/15. The original disclosure statement of 11/17/15 looks like a disclosure statement whereas the amendment filed on 9/1/16 does not. The amendment looks like an add-on amendment and does not contain sufficient information to constitute a disclosure statement that the court could approve and allow to be sent out to creditors. Debtor will have to draft an updated disclosure statement that is self-contained in order for the plan to be considered by the court and creditors, and thus, the court will deny approval of the 9/1/16 amendment as debtor's disclosure statement.
Appearances are required on 12/5/17 to discuss how long it will take debtor to revise his disclosure statement, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. The court has reviewed debtor's notice that tax returns have been prepared and filed, and the court expects to discuss debtor's plans for filing an amended disclosure statement. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
9:00 AM
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Debtor was to address accountant's opinion regarding tax consequences of proposed property sales. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. Debtor will need to address United States Trustee's objection regarding the estimates of income taxes needed to cover capital gains liability, but it appears that the amended disclosure statement is otherwise approvable, despite the United States Trustee's style suggestion, which the court does not agree with. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16 to address the objections of the United States Trustee and objecting creditors, but counsel (other than debtor's counsel) may appear by telephone. Debtor should be prepared to discuss the treatment of each class of creditors since the proposed plan does not make it clear (e.g., 10 monthly payments for a number of classes, but no balloon payment stated). Perhaps debtor would have an easier time in not using the optional Chapter 11 form plan and disclosure statement and
9:00 AM
prepare a manually generated plan and disclosure statement and stating the proposed terms of the plan in a narrative.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. Debtor to address objections of United States Trustee and creditors to draft disclosure statement regarding adequacy of information. The source of funding of plan is unclear. No historical financial data or projections are provided, which should be provided for each property as well as the debtor's business and living expeneses. Since it appears that this is probably a cramdown plan situation due to the dispute over appropriate interest rates on secured claims, Debtor should be prepared to discuss how he will prove the appropriate cramdown rates of interest (i.e., is debtor submitting expert witness opinion testimony on interest rates?) . Appearances are required on 1/13/16, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
9:00 AM
Docket 1
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by
9:00 AM
telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. No tentative ruling on the merits. Appearances are required on 4/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/17. No tentative ruling on the merits. Appearances are required on 3/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/27/16. No tentative ruling on the merits. Appearances are required on 5/31/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/23/16. No tentative ruling on the merits. Appearances are required on 5/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/16/16. No tentative ruling on the merits. Appearances are required on 5/18/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. No tentative ruling on the merits. Appearances are required on 3/16/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/12/16. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 11/23/15. Appearances are required on
9:00 AM
11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 8/3/15. No tentative ruling on the merits. Appearances are required on 8/5/15, but counsel may appear by telephone.
No updated tentative ruling as of 7/20/15. Appearances are required on 7/22/15, but counsel may appear by telephone.
No tentative ruling as of 7/6/15. Appearances are required on 7/8/15, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
Movant(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 2043
Off calendar. The hearing was improvidently noticed by movant, and has been taken off calendar by prior order of the court. The matter is set for a status conference on 7/31/18 at 2:00 p.m. No appearances are required on 7/11/18.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey
11:00 AM
fr. 12/6/17, 2/21/18, 4/25/18
Docket 158
[D/S motion filed on 6/8/18 and set for hrg on 7/18/18 at 11:00 a.m.] Tentative Ruling:
Updated tentative ruling as of 7/9/18. Off calendar. Continued on the court's own motion to 7/18/18 at 11:00 a.m. to be conducted with hearing on debtor's amended disclosure statement. No appearances are required on 7/11/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of proposed disclosure statement for lack of adequate information. The disclosure statement does not contain the information normally expected, such as the matters identified in In re Metrocraft Pub. Servs. Inc., 30 B.R. 567, 568 (Bankr. N.D. Ga. 1984) discussed in the moving papers. The disclosure statement does not give meaningful information to creditors about how the plan works; it is just a collection of spreadsheets with little explanation. There is no explanation of how payments are going to be made under the plan, monthly, quarterly, annually, etc. There is a computation of net income on Exhibit C, but that does not translate into how plan payments are going to be made to creditors. The financial history spreadsheet, Exhibit D, is sparse and uninformative as to both the income and expenses of debtor, and just provides summary figures from the MORs.
The liquidation analysis, Exhibit G, is incomplete, and may not necessarily
11:00 AM
reflect the correct net equity of debtor since the asset values and encumbrances differ for each piece of collateral, and simply aggregating them does not necessarily mean that there is total negative net equity of the estate as computed (i.e., there is no explanation of the liens, whether they are only as to specific collateral or blanket liens). Debtor says there is no need to consider Chapter 7 adminstrative costs since there is negative net equity in debtor's assets in the aggregate, but these should be computed.
The court should also deny approval of the disclosure statement because the debtor's proposed new value plan on its face gives the exclusive new value opportunity to its sole shareholder, Ji K. Lim, and is not sufficiently market tested within the meaning of Bank of America National Trust and Savings Association v. 203 North LaSalle Street Partnership ("LaSalle"), 526 U.S. 434 (1999); see also, In re NNN Parkway 400 26, LLC, 505 B.R. 277, 281-283
(Bankr. C.D. Cal. 2014)(Albert, J.); see also, In re Arnold, 471 B.R. 578, 586 (Bankr. C.D. Cal. 2012)(approval of disclosure statement should be denied if plan is nonconfirmable on its face). As Judge Albert observed in NNN Parkway 400 26, LLC, "LaSalle requires that the quantum of new value be market tested; otherwise the parties and the court cannot know whether the amount of new value is most available. And if more (or better) could be gotten elsewhere, then the equity is effectively keeping a form or property or interest in the debtor despite not paying the dissenting creditors in full, by exercising its exclusive 'option' to direct/determine the source of the new value. But LaSalle is frustratingly vague as to what exactly a debtor must do to 'market test' the interest; the Supreme Court expressly left the question open while naming some alternatives, such as the right to bid for the same interest or the right to file a competing plan." In re NNN Parkway 400 26, LLC, 505 B.R. at 281, citing LaSalle, 526 U.S. at 458; see also, LaSalle, 526
U.S. at 455 ("It is doomed, we can say without necessarily exhausting its flaws, by its provision for vesting equity in the reorganized business in the Debtor's partners without extending an opportunity to anyone else either to compete for that equity or to propose a competing reorganization plan."). "[D] ebtors bear the burden of showing that the new money offered is the most and best reasonably obtainable after some 'market testing' . . . This probably requires, at a minimum, demonstration of a systematic effort designed to 'market test' the deal." In re NNN Parkway 400 26, LLC, 505 B.R. at 283. There is no demonstration of any systematic effort designed to "market test"
11:00 AM
the deal shown in debtor's papers as far as this court can see.
The court also agrees with the objections of the committee and creditor Bank of Hope regarding the inadequacy of information regarding the new value contribution, the payment to unsecured creditors, the identification of postconfirmation directors and officers, treatment of creditor claims and impairment of secured claims.
Debtor uses the court form Chapter 11 plan and disclosure statement which are designed in part for individual Chapter 11 cases and simple Chapter 11 cases, and debtor does not use the official court attachments for these forms, but provides its own custom form attachments deviating from the court form attachments, and provide much less information than required by the court form attachments. In this case, debtor's use of these court forms is really uninformative, and debtor should use more traditional, narrative form plan documents to cover the Metrocraft factors.
Appearances are required on 12/6/17, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
[Motion for D/S filed on 6/8/18 and set for hrg on 7/18/18 at 11:00 a.m.] Tentative Ruling:
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 62
- NONE LISTED -
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/9/17, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 85
No updated tentative ruling as of 7/9/18. Appearances are required on 7/11/18, but counsel may appear by telephone.
No updated tentative ruling as of 7/2/18. Appearances are required on 7/3/18, but counsel may appear by telephone.
No tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 7/9/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 88
Grant debtor's motion for limited extension of exclusivity periods for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 7/11/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
- NONE LISTED -
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
#12.10 Hearing re: Motion for order approving and directing reimbursement of legal expenses incurred by president of Swing House 11 U.S.C. §§ 363(c)(1), 363(b)(1), and 503(b)
Docket 482
No tentative ruling as of 7/9/18. Appearances are required on 7/11/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
Movant(s):
Swing House Rehearsal and Represented By Kurt Ramlo Kurt Ramlo Jeffrey S Kwong Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP Levene, Neale, Bender, Yoo & Brill LLP
11:30 AM
Docket 124
- NONE LISTED -
Off calendar. The status conference is moot because a final decree has been entered. No appearances are necessary.
Debtor(s):
Derrick Darone Lightfoot Represented By Sylvia Lew
Movant(s):
Derrick Darone Lightfoot Represented By Sylvia Lew
11:30 AM
Adv#: 2:18-01216 San Pedro Waterfront, LLC, dba Ports O'Call R v. City of Los Angeles, a
Docket 32
NONE LISTED -
NONE LISTED -
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush Vanessa M Haberbush
Defendant(s):
City of Los Angeles, a municipal Represented By
Allan H Ickowitz
Plaintiff(s):
San Pedro Waterfront, LLC, dba Represented By
David R Haberbush Vanessa M Haberbush Lane K Bogard
Jayme Wilson dba Spirit Cruises Represented By
David R Haberbush
9:00 AM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 2/13/18, 4/3/18
Docket 19
Updated tentative ruling as of 7/9/18. Off calendar. Continued on the court's own motion to 8/21/18 at 11:00 a.m. No appearances are required on 7/12/18.
Prior tentative ruling as of 4/2/18. After reviewing the supplemental papers, the court believes that they are not sufficient to demonstrate the transfer of the subject property was fraudulent, and the court will set a hearing for plaintiff to offer evidence to prove up the fraudulent transfer, such as eyewitness testimony that defendant is continuing to operate his business and otherwise exercise dominion and control over the transferred property to deem it to be his. The court is considering ordering plaintiff to serve defendant with a subpoena to appear at the prove up hearing. Appearances are required on 4/3/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18. No appearances are required on 2/13/18.
9:00 AM
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:00 AM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 12/19/17, 2/13/18, 4/3/18
Docket 1
Updated tentative ruling as of 7/9/18. Off calendar. Continued on the court's own motion to 8/21/18 at 11:00 a.m. No appearances are required on 7/12/18.
Prior tentative ruling as of 4/2/18. See tentative ruling for matter number 4.
Prior tentative ruling as of 2/12/18. Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18.
No appearances are required on 2/13/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by
9:00 AM
telephone.
Updated tentative ruling as of 9/11/17. The court has reviewed plaintiff's unilateral status report, again stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment.
Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment. The court on its own motion continues the status conference to 9/12/17 at 1:30 p.m. No appearances are required on 6/6/17.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 19
No tentative ruling will be issued on the matter heard on shortened notice. Appearances are required on 7/13/18, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush Vanessa M Haberbush
10:30 AM
Telephonic Hearing
(Santander Consumer USA Inc., dba Chrysler Capital VS Debtors)
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Peter Michael Ulloa Represented By David Lozano
Joint Debtor(s):
Claudia Carina Ulloa Represented By David Lozano
10:30 AM
Movant(s):
Santander Consumer USA Inc, dba Represented By
Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nelly F Goicochea Represented By Kenneth W Moffatt
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Myrna Cisneros Represented By Jennifer Ann Aragon
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Melodie Doranne McElliott Represented By Khachik Akhkashian
Movant(s):
Julie Whitehead Represented By Richard P Petersen
Stuart Whitehair Represented By Richard P Petersen
10:30 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 9 and 11 for lack of legal and/evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). If movant wants to brief extraordinary relief request, the court will continue the hearing so movant can file a brief showing entitlement to such relief. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Salvador Cruz Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Adv#: 2:17-01415 Gross v. Kelly
fr. 4/24/18, 5/23/18, 5/30/15
Docket 39
Updated tentative ruling as of 7/16/18. Off calendar. Continued by stipulation and order to 9/18/18 at 11:00 a.m. No appearances are required on 7/17/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Revised tentative ruling as of 4/23/18 at 5:30 p.m. Off calendar. The court is issuing a written order continuing the hearing on the motion to 5/23/18 at 1:30
p.m. The order requires the parties to redact personal identifier information in their papers as required by FRBP 7037 and LBR 7037-1. The parties improperly stated the names of minor children and other personal identifiers in their papers. The parties also cited to numerous unreported court decisions in their papers and failed to provide the court with unmarked, complete copies of these decisions as required by LBR 9013-2(c)(3)(D). No appearances are required on 4/24/18.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Represented By
Cassandra K. Riles
11:00 AM
Movant(s):
Mark P. Gross Represented By Gary A Starre
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Adv#: 2:17-01415 Gross v. Kelly
fr. 11/14/17, 1/16/18, 5/30/18
Docket 1
Updated tentative ruling as of 7/16/18. Off calendar. Continued by stipulation and order to 9/18/18 at 11:00 a.m. No appearances are required on 7/17/18.
Prior tentative ruling as of 1/12/18. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 1/16/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling as of 11/13/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Pro Se
Plaintiff(s):
Mark P. Gross Represented By
11:00 AM
Trustee(s):
Gary A Starre
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:17-01128 Leslie v. Edward C. Lee, CPA
recovery of avoided transfers [11 U.S.C. §§ 544 and 550] fr. 2/20/18, 4/17/18, 5/29/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are required on 7/17/18.
Debtor(s):
Velocity Regional Center, LLC Represented By Stephen B Mashney Jerome D Stark
Defendant(s):
Edward C. Lee, CPA Pro Se
Plaintiff(s):
Sam Leslie Represented By
Carmela Pagay
Trustee(s):
Sam S Leslie (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 2:17-01488 Pette v. Murray-Calcote
fr. 12/5/17
Docket 1
Off calendar. Adversary proceeding is moot from dismissal of main bankruptcy case. No appearances are necessary.
Debtor(s):
Beverly Monique Murray-Calcote Represented By
Julie J Villalobos
Defendant(s):
Beverly Monique Murray-Calcote Pro Se
Plaintiff(s):
Larnita Pette Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Represented By Noreen A Madoyan
1:30 PM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 10/3/17, 12/5/17
Docket 1
Updated tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
1:30 PM
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
1:30 PM
Adv#: 2:17-01415 Gross v. Kelly
fr. 10/24/17, 11/14/17, 1/16/18
Docket 1
Updated tentative ruling as of 7/16/18. Off calendar. Continued to 9/18/18 at
11:00 a.m. by prior order. No appearances are required on 7/17/18.
PriorUpdated tentative ruling as of 1/12/18. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 1/16/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling as of 11/13/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Pro Se
1:30 PM
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:18-01105 Krasnoff, Chapter 7 Trustee v. Javaheri et al
fr. 6/19/18
Docket 1
Off calendar. Continued by stipulation and order to 8/21/18 at 1:30 p.m. No appearances are required on 7/17/18.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Defendant(s):
Jilla Javaheri Pro Se
Jilla Javaheri, Trustee of the Jilla H. Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 4/10/18, 6/5/18
Docket 1
Updated tentative ruling as of 7/16/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference in light of pending settlement discussions, and the court on its own motion continues the status conference to 10/2/18 at 1:30 p.m. No appearances are required on 7/17/18. Counsel for plaintiff to notify counsel for defendants of the continuance.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se
1:30 PM
Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
U.S.C. §523(a)(2); (2) objecting to dischargeability of debt pursuant to 11 U.S.C. § 523(a)(4); (3) objecting to dischargeability of debt pursuant to 11 U.S.C. §523(a)(6); and,
for declaratory relief requesting adjudication of pending state court lawsuits
Docket 1
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
1:30 PM
Adv#: 2:18-01205 Shadsirat v. E-Z Cash ATM Inc
Docket 1
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
E-Z Cash ATM Inc Represented By
M.H. Tony Kamran, Esq
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Robert Gentino
1:30 PM
Adv#: 2:18-01143 American Express National Bank v. Moghadam
Docket 1
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Masoud Fallah Moghadam Pro Se
Defendant(s):
Masoud Fallah Moghadam Pro Se
Plaintiff(s):
American Express National Bank Represented By
Dennis Winters
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
fr. 4/2/18, 4/25/18, 5/16/18
Docket 314
Off calendar. Matter resolved by stipulation and order converting the case to Chapter 7. No appearances are necessary.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
fr. 5/16/18
Docket 373
Updated tentative ruling as of 7/16/18. Off calendar. The stipulation to dismiss the individual debtor's Chapter 11 case is moot because the case has been converted by stipulation and order to Chapter 7. No appearances are required on 7/17/18.
No tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:00 PM
Docket 1
Updated tentative ruling as of 7/16/18. Off calendar. The Chapter 11 status conference is moot because the case has been converted by stipulation and order to Chapter 7. No apperaances are necessary.
Prior tentative ruling as of 5/11/18. The court will discuss the pending stipulation of Debtor and the United States Trustee to dismiss his bankruptcy case, which has been objected to by Creditor Jonathan Mover. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits.
2:00 PM
Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/6/17. Hearing rescheduled to 2:30 p.m. Appearances are required at 2:30 p.m. No tentative ruling on the merits.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/2/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. No tentative ruling on the merits. Appearances are required on 4/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 3/21/18, 4/2/18, 5/16/18
Docket 1
No updated tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by
2:00 PM
telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:30 PM
Docket 465
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
Docket 569
Approve application for authorization of employment of general bankruptcy counsel for debtor in possession for the reasons stated in the application. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 383
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/17/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
TIFKAH Represented By
Jon L Dalberg
Trustee(s):
John J Menchaca (TR) Represented By
Uzzi O Raanan ESQ Steven J Schwartz Walter K Oetzell
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee]
Docket 382
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/17/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
TIFKAH Represented By
Jon L Dalberg
Trustee(s):
John J Menchaca (TR) Represented By
Uzzi O Raanan ESQ Steven J Schwartz Walter K Oetzell
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 381
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/17/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
TIFKAH Represented By
Jon L Dalberg
Trustee(s):
John J Menchaca (TR) Represented By
Uzzi O Raanan ESQ Steven J Schwartz Walter K Oetzell
2:30 PM
Docket 309
No tentative ruling on the merits in light of debtor's opposition to the motion. Appearances are required on 7/17/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Movant(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
2:30 PM
Docket 150
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
Docket 118
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Robert Anthony Brown Represented By Robert A Brown
Law Office of Robert Brown Represented By Robert A Brown
Acquiplied Assets, B.T. Represented By Robert A Brown
Wladimir John Klimenko Represented By Michael Jay Berger
Wladimir J. Klimenko Living Trust Represented By
Michael Jay Berger
BANK OF THE WEST Represented By Brian T Harvey
2:30 PM
Plaintiff(s):
Rosendo Gonzalez Represented By Sarah Cate Hays D Edward Hays Laila Masud
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 32
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/17/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
La Tonya Deonne Jackson Represented By
Raj T Wadhwani
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
[Hahn Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 25
Since the court has granted trustee's prior motion to employ and pay the tax preparer, there is no need for a separate hearing as to the compensation of the tax preparer aside from being considered as part of the trustee's final report. Appearances are optional on 7/17/18, but trustee and applicant may appear by telephone.
Debtor(s):
La Tonya Deonne Jackson Represented By
Raj T Wadhwani
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
fr. 6/19/18
Docket 232
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits in light of debtor's opposition to the motion. Appearances are required on 7/17/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Grant trustee's motion to extend deadline to commence action under 11
U.S.C. 727 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut
2:30 PM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee]
Docket 47
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/17/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Erika Lynette Ewing Represented By
Robert W Northup Jr
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:18-01086 Kosma Tex v. Min
Docket 14
The motion is procedurally defective because the statements made therein are not supported by a declaration under penalty of perjury as required by LBR 9013-1(c)(3)(A), FRBP 9006(d) and 28 U.S.C. 1746(2). Movant will
need to submit a supporting declaration for the court to grant the motion. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Represented By Young K Chang
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 6
Grant in part and deny in part defendant Curtis's motion to dismiss for lack of personal jurisdiction because service on defendant was improper and did not meet the requirements of FRBP 7004(b)(3). The proof of service of the summons and complaint does not show proper mail service on defendant Curtis because the proof of service of the summons and complaint does not show that she was served at her residential or regular business address, and the post office box address does not count because it has an incomplete zip code and is thus inaccurate. Deny request to dismiss for lack of personal jurisdiction because the remedy for defective service of process is to quash service and grant leave to effect proper service. Appearances are required on 7/17/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 16
Deny debtor's motion for entry of default judgment because service on defendants was improper and did not meet the requirements of FRBP 7004(b)(1) and (3). Default was improvidently entered against defendant Ammec Inc. because the proof of service of the summons and complaint does not show proper mail service to it at its mailing address on the California Secretary of State reporting forms to the attention of an officer, managing or general agent under FRBP 7004(b)(3) and as to defendant Curtis because the proof of service of the summons and complaint does not show that she was served at her residential or regular business address, and the post office box address does not count because it has an incomplete zip code and is thus inaccurate. Appearances are required on 7/17/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 13
Grant in part and deny in part defendants' motion to set aside default, to dismiss for lack of personal jurisdiction and requesting sanctions. Grant request to set aside default because service on defendants was improper and did not meet the requirements of FRBP 7004(b)(1) and (3). Default was improvidently entered against defendant Ammec Inc. because the proof of service of the summons and complaint does not show proper mail service to it at its mailing address on the California Secretary of State reporting forms to the attention of an officer, managing or general agent under FRBP 7004(b)(3) and as to defendant Curtis because the proof of service of the summons and complaint does not show that she was served at her residential or regular business address, and the post office box address does not count because it has an incomplete zip code and is thus inaccurate. Deny request to dismiss for lack of personal jurisdiction because the remedy for defective service of process is to quash service and grant leave to effect proper service. Deny request for sanctions because defendants did not comply with the prefiling requirements of FRBP 9011(c)(1)(A) by providing an opportunity to plaintiff to withdraw the challenged pleading within 21 days of service of the motion for sanctions. This was not done, and defendant Curtis did not meet this requirement by serving the motion on plaintiff and not giving plaintiff 21 days to withdraw the challenged pleading before filing the motion. Appearances are required on 7/17/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
2:30 PM
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Docket 59
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
Docket 7
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
Docket 48
No tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Punitive damages; and (6) Attorneys' fees and costs fr. 7/10/18
Docket 1
Updated tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
Docket 217
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By
11:00 AM
Joon M Khang
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent
11:00 AM
transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 3/20/18, 5/1/18, 6/19/18
Docket 13
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
11:00 AM
Movant(s):
Gregory S Kim
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18
Docket 43
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
11:00 AM
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18
Docket 44
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
11:00 AM
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 4/3/18, 5/1/18, 6/19/18
Docket 1
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
11:00 AM
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
11:00 AM
Docket 71
NONE LISTED -
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:00 AM
Docket 1
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 41
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
fr. 7/5/18
Docket 13
Updated tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 7/5/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:30 AM
Docket 255
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:30 AM
Docket 135
Off calendar. Motion resolved by stipulation and order. No appearances are necessary.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
9:00 AM
fr. 5/22/18
Docket 20
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
10:30 AM
Docket 502
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies, and grant request for extraordinary relief in paragraph 9, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 268
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers, which is not opposed by debtor as stated in its limited opposition, except as to any finding of bad faith and the request for waiver of the 14-day waiting period under FRBP 4001(a)(3). The court is inclined not to find that debtor engaged in bad faith based on this record. No tentative ruling as of the request for waiver of the 14 day waiting period under FRBP 4001(a(3). Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 274
Grant motion for stay relief under 11 U.S.C. 362(d)(1) for cause for the reasons stated in the moving and reply papers. Deny request for waiver of 14-day stay of enforcement under FRBP 4001(a)(3). Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
(US Bank National Association VS Debtors)
Docket 26
Deny motion for relief from stay under 11 U.S.C. 362(d)(1). Although debtors lack standing to object to stay relief since the stay is terminated as to them from their discharge, the trustee has issued a notice of assets and possible creditor dividend in this case, which may include the 20% equity cushion in the subject property, which adequately protects movant's lien interest. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Jose Marin Soriano Equigua Represented By Cynthia Grande
Joint Debtor(s):
Maria Ofelia Soriano Represented By Cynthia Grande
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 135
Grant motion for relief from stay under 11 U.S.C. 362(d)(1) for cause for reasons stated in the moving papers because the objecting parties, specifically, debtor, have not shown that the the proceeds of the insurance policy are property of the estate affected by the automatic stay. In re Endoscopy Center of Southern Nevada, LLC, 451 B.R. 527, 542-547 (Bankr.
D. Nev. 2011), citing, In re Edgeworth, 993 F.2d 51 (5th Cir. 1993). Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
Movant(s):
Emma Borges Represented By Thomas J Polis
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 166
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Trustee(s):
Peter J Mastan (TR) Represented By Meghann A Triplett
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Suzanne Castro Represented By Michael D Luppi
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jorge Luis Hernandez Represented By Francis Guilardi
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nicholas Bowes Represented By Todd L Turoci
Joint Debtor(s):
Luddivina Bowes Represented By Todd L Turoci
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Amandine C Sandoval Represented By Mark La Rosa
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Kara Marie Brown Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Off calendar. Continued to 8/7/18 at 10:30 a.m. by notice filed on 7/10/18. No appearances are required on 7/31/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:30 AM
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Off calendar. Continued to 8/7/18 at 10:30 a.m. by notice filed on 7/10/18. No appearances are required on 7/31/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:30 AM
Docket 15
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers. Debtor needs to show why the court should not disregard his untimely opposition to the motion and consider his failure to timely oppose the motion as consent to granting of the motion under LBR 9013-1(h). Debtor's opposition due on 7/17/18 was filed on 7/25/18, over a week late. Assuming the court considers Debtor's late opposition on the merits, the court disagrees with Debtor's arguments in his opposition that the foreclosure of the deed of trust of movant's predecessor-in-interest, East West Bank, with knowledge of the automatic stay of another debtor to whom Debtor had transferred a fractional interest in the subject property somehow invalidates the foreclosure. Although the foreclosure occurred postpetition in the case of the other debtor, East West Bank obtained an order for retroactive annulment of stay in that case, and such order is a final, nonappealable order. Debtor apparently is seeking to vacate that stay annulment order in the now dismissed bankruptcy case of the other debtor, which does not seem likely to happen given Debtor's lack of standing to seek relief in that case.
Deny relief from stay pursuant to 11 U.S.C. 362(d)(4) since movant is the purchaser of the subject property at a foreclosure sale and not a secured creditor within the meaning of 11 U.S.C. 362(d)(4). In re Ellis, 523 B.R. 673 (9th Cir. BAP 2014).
Deny movant's requests for extraordinary relief in paragraphs 4, 8, 10 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009); see also, In re Johnson, 346 B.R. 190 (9th Cir. BAP 2006); but see, In re 4th Street Investors, Inc., 474 B.R. 709 (Bankr. C.D. Cal. 2012). The court disagrees with the request to confirm that there is no stay in effect since there is no showing that the stay did not arise or otherwise is
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terminated in this case, though it appears due to the prepetition foreclosure sale, the subject property is not property of the bankruptcy estate.
Deny the request for waiver of the 14-day waiting period under FRBP 4001(a)
(3) in light of Debtor's opposition to the motion and possible taking of an appeal of the stay relief order.
Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Samuel Young Oh Represented By Kevin Tang
1:30 PM
Adv#: 2:16-01083 Diamond, Chapter 7 Trustee, Plaintiff v. Rana
#15.00 Cont'd status conference re: Complaint (1) To avoid and recover preferential transfers;
(2) To avoid and recover fraudulent or avoidable transfers; (3) For imposition of constructive trust; (4) For unjust enrichment; (5) For turnover; and
(6) To disallow claims
fr. 5/23/17, 7/25/17, 9/5/17, 4/4/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference
1:30 PM
for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 12/31/16 and a further status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation, parties to submit request for selection of mediator and alternate by 7/31/16, and complete mediation by 1/17/16. If the parties agree to these dates, appearances are optional on 4/26/16, and plaintiff to submit proposed scheduling order within 7 days of hearing if the parties agree to these dates. If the parties do not agree to these rulings and dates or if parties wish to discuss status of matter at status conference, appearances are required on 4/26/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Aj Rana Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01102 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Unjust Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 10/24/17, 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 9/11/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the
1:30 PM
parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Raimon Mark Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01103 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 10/24/17, 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance
1:30 PM
of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Michael Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01104 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 10/24/17, 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report.
1:30 PM
No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Renato Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01105 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 10/24/17, 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. the court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report.
1:30 PM
No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Felicidad Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01112 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 10/24/17, 3/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the
1:30 PM
parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. At the status conferences on related party matters on 5/3/16, counsel for the parties represented on the record that they were agreeable to the dates set in the related matters and would submit a stipulation and proposed scheduling order, which would incorporate the dates set in those other matters.
Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Appearances are optional on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Mariam Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01158 Diamond v. Vital Rehab Services, Inc.
(2) For imposition of constructive trust; (3) For unjust enrichment; (4) For turnover; and (5) To disallow claims
fr. 5/23/17, 7/25/17, 9/5/17, 4/4/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 11/27/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion
1:30 PM
continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/24/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Vital Rehab Services, Inc. Pro Se
Plaintiff(s):
Richard K. Diamond Represented By Walter K Oetzell
1:30 PM
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 9/18/18 at 1:30 p.m. in light of plaintiff's pending motion for default judgment. No appearances are required on 7/31/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:17-01192 Diamond, Chapter 7 Trustee, Plaintiff v. Scales
fr. 5/16/17, 2/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 10/2/18 at 1:30 p.m. No appearances are required on 7/31/18.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 1/31/18 and set a post-discovery status conference for 2/20/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 7/31/17 and to complete mediation by 2/28/17.
Appearances are required on 5/16/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Defendant(s):
Michelle Renee Scales Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
fr. 10/24/17, 1/16/18, 4/17/18
Docket 1
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The status conference will be conducted on the 2:30 p.m. calendar with the hearing on plaintiff's motion for default judgment. Appearances are required at 2:30 p.m., not 1:30 p.m. No tentative ruling on the merits.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/24/17, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
Defendant(s):
Hye Jung Oh Pro Se
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
1:30 PM
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
fr. 4/10/18, 4/17/18
Docket 1
Updated tentative ruling as of 7/30/18. Set discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/13/19 at 1:30 p.m. A joint status report is due on 3/6/19. Order this matter to mediation, and parties to select a mediator and an alternate by 9/30/18 and complete mediation by 3/13/19.
Plaintiff to submit a proposed scheduling order within 7 days of hearing. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and continues the status conference on its own motion to 4/17/18 at 2:30 p.m., the date of the hearing on the motion to dismiss (the court will also advance the hearing on the motion to dismiss to 2:30 p.m.). No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Pro Se
1:30 PM
Isabel Valdovinos Pro Se
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 7/30/18. Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Pro Se
2:00 PM
be held in contempt (FRBP 9020); and for damages and attorneys' fees for intentionally violating the permanent discharge injunction
fr. 7/11/18
Docket 2043
No tentative ruling as of 7/30/18. Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 11/28/17, 2/13/18, 4/17/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Continued by stipulation and order to 8/28/18 at 2:00 p.m. No appearances are required on 7/31/18.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Off calendar. Continued by stipulation and order to 11/28/17 at 2:00 p.m. No appearances are required on 9/26/17.
Prior tentative ruling as of 6/26/17. Off calendar. Continued by stipulation and order to 8/29/17 at 2:00 p.m. No appearances are required on 6/27/17.
Prior tentative ruling as of 3/20/17. Off calendar. Continued by stipulation and order to 4/25/17 at 2:00 p.m. No appearances are required on 3/21/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/20/15, but counsel may appear by telephone.
Debtor(s):
Peter James Eichler Jr Represented By
2:00 PM
Christian T Kim James A Dumas Jr Miri Kim Wakuta
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
fr. 3/21/18, 5/2/18, 5/9/18
Docket 390
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial
2:00 PM
schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:00 PM
fr. 3/21/18, 5/2/18, 5/9/18
Docket 394
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:00 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 3/21/18, 5/2/18, 5/9/18
Docket 1
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
2:00 PM
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
fr. 5/29/18
Docket 459
- NONE LISTED -
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
11 U.S.C. §329 and FRBP 2016 and 2017 and turnover of estate property under §542 fr. 6/19/18
Docket 1203
Revised tentative ruling as of 7/30/18. Off calendar. Motion resolved by stipulation and order. No appearances are required on 7/31/18.
Revised tentative ruling as of 6/18/18 at 4:00 p.m. Grant trustee's motion for disgorgement as to Parker Mills LLP for the reasons stated in the moving papers and for lack of timely opposition. The motion as to Stabler and Associates, Inc., is continued by stipulation and order to 7/31/18 at 2:30 p.m. to be heard with the hearing on that party's pending fee application. The hearing on the motion as to Baker & Hostetler LLP is moot because that dispute has been resolved by stipulation and order. Appearances are required on 6/19/18 regarding the motion as to Parker Mills LLP only, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 1220
Revised tentative ruling as of 7/30/18. Off calendar. Application resolved by stipulation and order. No appearances are required on 7/31/18.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Application for fees and expenses [Wesley Avery, Chapter 7 Trustee]
Docket 50
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are required on 7/31/18, but trustee and counsel may appear by telephone. The court has questions regarding treatment of fee application of attorney for trustee since the amount provided for in the final report and the amount requested in the attorney's fee application are different and whether the fees of all estate professionals should be prorated.
Debtor(s):
Xinzhong Bao Represented By Lawrence B Yang
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
[Law Offices of Robert M. Aronson, Attorney for Chapter 7 Trustee]
Docket 48
No tentative ruling on final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection.
Appearances are required on 7/31/18, but trustee and applicant may appear by telephone. Applicant has not provided a declaration of trustee as client who has reviewed and approved the application or describing the steps to obtain such review and approval pursuant to LBR 2016-1(a)(1)(J) and (c)(2). The court has questions regarding treatment of fee application of attorney for trustee since the amount provided for in the final report and the amount requested in the attorney's fee application are different and whether the fees of all estate professionals should be prorated.
Debtor(s):
Xinzhong Bao Represented By Lawrence B Yang
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Docket 49
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are required on 7/31/18, but trustee and applicant may appear by telephone. The court has questions regarding treatment of fee application of attorney for trustee since the amount provided for in the final report and the amount requested in the attorney's fee application are different and whether the fees of all estate professionals should be prorated.
Debtor(s):
Xinzhong Bao Represented By Lawrence B Yang
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
Docket 9
Grant defendant's motion to dismiss for failure to state a claim upon which relief can be granted or for more definite statement for the reasons stated in the moving papers, but with 30 days leave for plaintiff to amend.
Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Represented By Clifford Bordeaux
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
fr. 6/19/18
Docket 1
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano
2:30 PM
Michael Fischer Michael Fischer
2:30 PM
Docket 453
- NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
#41.00 Cont'd hearing re: Motion for order approving and directing reimbursement of legal expenses incurred by president of Swing House 11 U.S.C. §§ 363(c)(1), 363(b)(1), and 503(b)
fr. 7/11/18
Docket 482
Updated tentative ruling as of 7/30/18. Grant motion of former president of debtor for reimbursement of legal expenses for the reasons stated in the moving papers because indemnification is mandatory under California Corporations Code Section 317(d) because movant as an officer of the corporation succeeded on the merits in the civil harassment lawsuit against him by an employee because the lawsuit was dismissed with prejudice as shown by the copy of the state court's order attached to the moving papers. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. Appearances are required on 7/11/18, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
Movant(s):
Swing House Rehearsal and Represented By Kurt Ramlo Kurt Ramlo Jeffrey S Kwong Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 33
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/31/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Daniel Alberto Reyes Macias Represented By Raymond Perez
Joint Debtor(s):
Maria Del Jesus Astorga Represented By Raymond Perez
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 59
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/31/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Izabel Ouzounian Represented By Sevag S Simonian
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
[Georgeann Hunter Nicol, Attorney for Chapter 7 Trustee]
Docket 46
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/31/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Izabel Ouzounian Represented By Sevag S Simonian
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
[Hahn Fife & Company, Accountant for Chapter 7 Trustee]
Docket 58
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/31/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Izabel Ouzounian Represented By Sevag S Simonian
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 7/10/18
Docket 32
Off calendar. Continued by stipulation and order to 8/21/18 at 2:30 p.m. No appearances are required on 7/31/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Docket 36
Deny debtor's motion to dismiss for lack of good cause for the reasons stated by the opposition of the United States Trustee. It appears that the evidentiary record indicates that debtor has postpetition entered in a contract for sale of its primary asset, but wants to consummate the sale transaction outside of court supervision and without payment of creditors. Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
2:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
Docket 13
Deny defendants' motion to dismiss for failure to state a claim upon which relief can be granted because the complaint pleads plausible claims for relief, and defendants to serve and file their answer within 14 days of hearing.
Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Represented By
Bahram Madaen
Sun Y Kim Represented By
Bahram Madaen
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
2:30 PM
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
U.S.C. §§523(a)(2)(A) & (a)(6) and 11 U.S.C. §§727(a)(3)-(4), and declaratory relief fr. 7/10/18
Docket 1
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at 2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss. No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Pro Se
2:30 PM
Sun Y Kim Pro Se
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
§ 363(m)
Docket 26
Grant debtor's motion to approve sale free and clear of lien and overbid procedures, but no tentative ruling on determining proposed purchaser as good faith purchaser under 11 U.S.C. 363 because there may be overbidding at the hearing. Appearances are required on 7/31/18.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
2:30 PM
Adv#: 2:18-01086 Kosma Tex v. Min
Docket 14
Updated tentative ruling as of 7/30/18. Grant defendant's motion to set aside default for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 7/31/18, but counsel may appear by telephone. Defendant to submit a proposed order within 7 days of hearing which provides that defendant has 14 days from the date of hearing to serve and file a response to the complaint.
Prior tentative ruling. The motion is procedurally defective because the statements made therein are not supported by a declaration under penalty of perjury as required by LBR 9013-1(c)(3)(A), FRBP 9006(d) and 28 U.S.C.
1746(2). Movant will need to submit a supporting declaration for the court to grant the motion. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Represented By Young K Chang
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
2:30 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 203
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's
11:00 AM
telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on
11:00 AM
9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on 12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13. Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
11:00 AM
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 1
Updated tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on
11:00 AM
10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
11:00 AM
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
fr. 3/28/18, 4/25/18, 5/29/18
Docket 482
Updated tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its
11:00 AM
review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
11:00 AM
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 479
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing
11:00 AM
its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales,"
11:00 AM
29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am.
Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
11:00 AM
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the
11:00 AM
hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on
11:00 AM
4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits.
11:00 AM
Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 4/25/18
Docket 68
Updated tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
11:00 AM
Joshua L Sternberg
11:00 AM
Docket 65
Grant debtors' motion objecting to claim in part for the reasons stated in the moving papers, but allow claimant to file an amended proof of claim.
Appearances are required on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
Adversary proceeding 2:18-ap-01205-RK, and (4) Debtor's objection to Claim 9-1 and motion to estimate claim for purposes of voting and distribution
Docket 10
Deny motion to consolidate as moot because adversary proceeding numbers 2:18-ap-01148, 2:18-ap-01149 and 2:18-ap-01205 have been remanded to state court. Appearances are optional on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
(3) Adversary proceeding 2:18-ap-01205-RK, and (4) Debtor's objection to Claim 9-1 and motion to estimate claim for purposes of voting and distribution
Docket 23
Deny motion to consolidate as moot because adversary proceeding numbers 2:18-ap-01148, 2:18-ap-01149 and 2:18-ap-01205 have been remanded to state court. Appearances are optional on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
National Cash, Inc. Represented By
11:00 AM
David B Zolkin
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
Adv#: 2:18-01149 Shadsirat v. Zargar
(3) Adversary proceeding 2:18-ap-01205-RK, and (4) Debtor's objection to Claim 9-1 and motion to estimate claim for purposes of voting and distribution
Docket 19
Deny motion to consolidate as moot because adversary proceeding numbers 2:18-ap-01148, 2:18-ap-01149 and 2:18-ap-01205 have been remanded to state court. Appearances are optional on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
11:00 AM
Adv#: 2:18-01205 Shadsirat et al v. E-Z Cash ATM Inc
(3) Adversary proceeding 2:18-ap-01205-RK, and (4) Debtor's objection to Claim 9-1 and motion to estimate claim for purposes of voting and distribution
Docket 7
Deny motion to consolidate as moot because adversary proceeding numbers 2:18-ap-01148, 2:18-ap-01149 and 2:18-ap-01205 have been remanded to state court. Appearances are optional on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
E-Z Cash ATM Inc Represented By
M.H. Tony Kamran, Esq
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Robert Gentino
1:30 PM
fr. 5/2/18, 5/9/18, 7/31/18
Docket 394
Updated tentative ruling as of 7/31/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion
1:30 PM
brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 5/2/18, 5/9/18, 7/31/18
Docket 390
Updated tentative ruling as of 7/31/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing
1:30 PM
papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including
1:30 PM
adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 5/2/18, 5/9/18, 7/31/18
Docket 1
Updated tentative ruling as of 7/31/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:30 PM
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01585 Wolkowitz v. Lim et al
Recovery of avoided transfer; and (3) Turnover of property [11 U.S.C. §§542, 544, 548 and 550]
fr. 2/20/18, 3/27/18, 5/29/18
Docket 1
Updated tentative ruling as of 7/30/18. Off calendar. Adversary proceeding dismissed by order entered on 6/7/18. No appearances are necessary.
Prior tentative ruling as of 5/25/18. Off calendar. In light of the pending stipulation of the parties for dismissal of the adversary proceeding, awaiting the time for objection to dismissal of the claims to deny discharge of debtor pursuant to FRBP 7041 and LBR 9013-1(o), the court on its own motion continues the status conference for about 60 days to 8/1/18 at 1:30 p.m. No appearances are required on 5/29/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed the joint status report in which the parties requested a continuance of the status conference to allow an opportunity to first discuss settlement before setting a pretrial schedule. The court on its own motion continues the status conference for about 60 days to 5/29/18 at 1:30 p.m. No appearances are required on 3/27/18.
Prior tentative ruling. The court has reviewed the joint status report indicating that counsel has recently been retained by defendant and that the parties have not had their LBR 7026-1 initial meeting. The court on its own motion continues the status conference to 3/27/18 at 1:30 p.m. Trustee to give email or telephonic notice to counsel for defendant of the continuance of the status conference. No appearances are required on 2/20/18.
1:30 PM
Debtor(s):
Samuel Chea Represented By
Anthony E Contreras
Defendant(s):
Annie Lim Pro Se
Tony C. Sok Pro Se
Samuel Chea Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Carmela Pagay
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:00 AM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 11/14/17, 1/31/18, 2/6/18
Docket 1
Updated tentative ruling as of 7/31/18. Off calendar. Trial date was vacated at hearing on 6/5/18. No appearances are required on 8/3/18.
Prior tentative ruling as of 2/5/18. Plaintiff lodged "[Proposed] Stipulated Pretrial Conference Order," which the court has rejected as deficient under LBR 7016-1 because of lack of signature of defendant's counsel, numerous typographical errors and failure to address all claims of second amended complaint. The document to be submitted first is a "Joint Pretrial Stipulation", and later an order approving that document if it is in proper form. Both parties have independent duties to participate in the preparation and filing of the pretrial conference documents under LBR 7016-1. Plaintiff filed "joint" witness list twice, but no "joint' exhibit list, but these documents have no indication that they are "joint" since no signature of defendant's counsel is provided. These documents do not excuse either party since there is no indication from defendant that defendant has met the requirements of submitting joint pretrial documents with plaintiff under LBR 7016-1. The parties should be prepared to discuss how the court should proceed with all non-dismissed claims alleged in plaintiff's second amended complaint. The court has orally indicated that the claims under 11 U.S.C. 727 should be tried first and that the claims under 11 U.S.C. 523 should be deferred until the state court appellate litigation has been completed on related claims (or the court should permissively abstain in favor of the state courts on the related claims). The parties should report on the status of the state court appellate
9:00 AM
litigation. The court is considering imposing sanctions of $250 against each counsel for their continued failures to submit documents that fully comply with the pretrial conference requirements of LBR 7016-1. Appearances are required on 2/6/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
9:00 AM
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:14-01367 Pentagon Federal Credit Union v. Bucio
Docket 23
Updated tentative ruling as of 7/31/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 8/2/18.
Prior tentative ruling as of 6/25/18. The procedural posture in this matter is unclear since the debtor's claim of exemption disputed by movant is not included in the moving papers, and debtor has not filed any response to the motion. Movant is asking the court to reconsider the amount of exemption that debtor is claiming on his claim of exemption, which is not apparently in the record. Appearances are required on 6/26/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedure posted online on the court's website.
Debtor(s):
Eleonso Bucio Represented By Marlin Branstetter
Defendant(s):
Eleonso Bucio Pro Se
Plaintiff(s):
Pentagon Federal Credit Union Represented By
A. Lysa Simon
A. Lysa Simon
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:00 AM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 1/31/18, 2/6/18, 8/2/18
Docket 1
Updated tentative ruling as of 7/31/18. Off calendar. Trial date was vacated at hearing on 6/5/18. No appearances are required on 8/3/18.
Prior tentative ruling as of 2/5/18. Plaintiff lodged "[Proposed] Stipulated Pretrial Conference Order," which the court has rejected as deficient under LBR 7016-1 because of lack of signature of defendant's counsel, numerous typographical errors and failure to address all claims of second amended complaint. The document to be submitted first is a "Joint Pretrial Stipulation", and later an order approving that document if it is in proper form. Both parties have independent duties to participate in the preparation and filing of the pretrial conference documents under LBR 7016-1. Plaintiff filed "joint" witness list twice, but no "joint' exhibit list, but these documents have no indication that they are "joint" since no signature of defendant's counsel is provided. These documents do not excuse either party since there is no indication from defendant that defendant has met the requirements of submitting joint pretrial documents with plaintiff under LBR 7016-1. The parties should be prepared to discuss how the court should proceed with all non-dismissed claims alleged in plaintiff's second amended complaint. The court has orally indicated that the claims under 11 U.S.C. 727 should be tried first and that the claims under 11 U.S.C. 523 should be deferred until the state court appellate litigation has been completed on related claims (or the court should permissively abstain in favor of the state courts on the related claims). The parties should report on the status of the state court appellate
9:00 AM
litigation. The court is considering imposing sanctions of $250 against each counsel for their continued failures to submit documents that fully comply with the pretrial conference requirements of LBR 7016-1. Appearances are required on 2/6/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
9:00 AM
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 12
Updated tentative ruling as of 8/6/18. Off calendar. Motion withdrawn by notice filed on 7/16/18. No appearances are required on 8/7/18.
Prior tentative ruling. Deny motion for stay relief because movant has not provided sufficient evidence of standing to seek stay relief since the so-called certificate of title is not what it purports to be as a third party non- governmental report, and not a government issued certificate of title. The report lacks evidentiary foundation. FRE 602, 901 and 902. The security agreement does not list movant on title either. Appearances are required on 6/26/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures.
Debtor(s):
Melissa Rae Lloyd Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(ACAR Leasing LTD dba GM Financial Leasing VS Debtor)
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Patricia Guzman Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jorge Ruiz Represented By
Daniel F Jimenez
Joint Debtor(s):
Maria Estela Ruiz Represented By Daniel F Jimenez
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for stay relief under 11 U.S.C. 362(d)(2) because the evidence of lack of equity in the broker's price opinion lacks foundation (i.e., the opinion of broker/agent is not under declaration of penalty of perjury). Deny request for extraordinary relief in paragraph 3 because Debtor is not a contract party to the loan agreement. Deny request for extraordinary relief in paragraph 14 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R.
897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)
is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Ki Y Jang Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Casey Jon Schein Represented By David H Chung
Joint Debtor(s):
Diana Marie Schein Represented By David H Chung
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
fr. 7/31/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Off calendar. Continued by stipulation and order to 9/11/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:30 AM
fr. 7/31/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Off calendar. Continued by stipulation and order to 9/11/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mardoche Cohen Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01053 Avery v. Kim
Docket 1
Off calendar. Adversary proceeding dismissed by order entered on 6/12/18. No appearances are necessary.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Defendant(s):
Jung Ja Kim Pro Se
Plaintiff(s):
Wesley H, Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
1:30 PM
Docket 143
Grant movant's motion for FRBP 2004 examination of debtor for the reasons stated in the moving papers. Overrule debtor's objections to the motion because the parties had a prefiling conference on 6/15/18 with no follow-up by debtor's counsel within one week as agreed, the examination cannot proceed under FRBP 7030 or 9014 since the alleged contested matter of movant's stay relief is no longer a contested matter since the court granted the stay relief motion, the argument of lack of service on debtor lacks merit as unreasonably formalistic since debtor as a limited liability company must be represented by counsel and its counsel was served and was actively negotiating with movant regarding the motion, the objection based on the attorney client privilege can be raised on a document by document and question by question basis at the examination, or submission of a privilege log at the examination, and the objection to request for production number 5 can be raised either by a motion for a protective order which has not been filed or interposed at the examination, subject to a motion to compel, and cause is shown for movant to examine debtor about possible bad faith insurance claims of Debtor and possible attorney malpractice claims of Debtor. Appearances are required on 8/7/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
Docket 16
Off calendar. Debtor complied with the court's order of 6/27/18 regarding the filing of Official Form 122A-1. No appearances are required on 8/7/18.
Debtor(s):
Guadalupe Cosio Represented By Michael D Luppi
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
11 U.S.C. §523(a)(2)(A) and (B), 11 U.S.C. 523(a)(4) and 11 U.S.C. §523(a)(6)
fr. 10/24/17, 1/30/18, 6/5/18
Docket 1
Updated tentative ruling as of 8/6/18. Counsel for plaintiff filed a notice of settlement on 5/29/18, but no dispositive stipulation for dismissal or judgment based on the settlement has been filed with the court. No tentative ruling on the merits. Appearances are required on 8/7/18 to address why no joint pretrial stipulation has been filed or why a stipulation for dismissal or judgment has been filed, and why sanctions should not be imposed for failing to file a joint pretrial stipulation under LBR 7016-1, including dismissal for lack of prosecution, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Counsel for plaintiff filed a notice of settlement on 5/29/18. No tentative ruling on the merits. Appearances are required on 6/5/18 to confirm the proposed settlement, and if not, to address why no joint status report or pretrial stipulation has been filed, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. The court has reviewed the joint status report stating that the parties are actively negotiating settlement. No tentative ruling on the merits. Appearances are required on 1/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/24/17.
Prior tentative ruling as of 10/6/17. No tentative ruling on the merits. Appearances are required on 10/10/17.
Prior tentative ruling. The court has reviewed the joint status report and notes
2:00 PM
that the report does not state whether the parties had their LBR 7026-1 meeting of counsel. Appearances are required on 5/23/17.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym Jiyoung Kym
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Application for fees and expenses [Richard K. Diamond, Chapter 7 Trustee]
Docket 104
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/7/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
CALPOP.COM, INC. Represented By
William H Brownstein
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
Danning, Gill, Diamond & Kollitz, LLP Howard Kollitz
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee]
Docket 101
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/7/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
CALPOP.COM, INC. Represented By
William H Brownstein
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
Danning, Gill, Diamond & Kollitz, LLP Howard Kollitz
2:30 PM
[Grobstein Teeple, LLP, As Accountants for Chapter 7 Trustee]
Docket 102
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/7/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
CALPOP.COM, INC. Represented By
William H Brownstein
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
Danning, Gill, Diamond & Kollitz, LLP Howard Kollitz
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the
2:30 PM
proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By
2:30 PM
Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 11/14/17, 5/15/18, 5/29/18
Docket 1
Updated tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his
2:30 PM
substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
2:30 PM
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds, And (5) Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h)
Docket 276
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings as to whether the sale is a reasonable exercise of business judgment, and whether the sale satisfies one of the conditions of 11
U.S.C. 363(f), in light of the opposition of the secured lender which is not restricted from claiming a higher amount for its lien due to a purported failure to file a proof of claim and of the original borrowers who were apparently debtor's clients. Appearances are required on 8/7/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Docket 104
Revised tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 8/21/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
Docket 100
Revised tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 8/21/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
fr. 6/5/18, 7/3/18
Docket 41
Updated tentative ruling as of 8/6/18. Off calendar. The hearing is moot because the motion for relief from stay was granted by order entered on 7/16/18. No appearances are required on 8/7/18.
Prior tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Prior tentative ruling. Since it appears that the state court litigation for which movant seeks stay relief based on mandatory abstention has been removed by debtors to this court, the court is inclined to deny the motion without prejudice because there is no pending litigation in state court for this court to abstain for. See In re Roman Catholic Bishop of San Diego, 374 B.R. 756, 760 (Bankr. S.D. Cal. 2007), citing inter alia, Security Farms v. International Brotherhood of Teamsters, 124 F.3d 999, 1009-1010 (9th Cir. 1997). Movant will need to bring a motion for equitable remand under 28 U.S.C. 1452(b) in conjunction with a renewed stay relief motion for the state court litigation to proceed. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Movant(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
Docket 8
Updated tentative ruling as of 8/6/18. Off calendar. The hearing is moot because the motion for remand was granted by order entered on 7/13/18. No appearances are required on 8/7/18.
Prior tentative ruling as of 7/2/18 at 5:30 p.m. Having reviewed the moving and opposing papers, the court is of the view that the ruling will depend on the analysis of the various equitable remand factors set forth in In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n. 18 (9th Cir. BAP 2009), citing, In
re Enron Corp., 296 B.R. 505, 508 n. 2 (C.D. Cal. 2003) and the ruling may well turn on the impact of movant's filing of a proof of claim in this bankruptcy case as discussed in In re Conejo Enterprises, Inc., 96 F.3d 346, 353-354 (9th Cir. 1996). (In this regard, the court notes that the reliance of respondents on the superseded opinion in In re Conejo Enterprises, Inc., 71 F.3d 1460, 1467 (9th Cir. 1995) for the proposition that "by filing a proof of claim a creditor forsakes its right to adjudicate before a jury any issue that bears directly on the allowance of that claim" is misplaced because the earlier opinion was superseded and the language of the earlier opinion was not incorporated into the superseding opinion and is thus inoperative.) Counsel should be prepared to discuss the equitable remand factors and the impact of filing of a proof of claim by movant on the analysis of these factors.
Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
2:30 PM
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
Adv#: 2:18-01148 Shadsirat v. Zargar et al
fr. 6/19/18, 7/3/18
Docket 1
Updated tentative ruling as of 8/6/18. Off calendar. The status conference is moot because the motion for remand was granted by order entered on 7/13/18. No appearances are required on 8/7/18.
Prior tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
National Cash Inc Represented By Raymond H. Aver
Mohammad Khajehmiraki Represented By Raymond H. Aver
Davan Investment Corp Represented By Raymond H. Aver
2:30 PM
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Pro Se
2:30 PM
Adv#: 2:18-01149 Shadsirat v. Zargar
Docket 8
Updated tentative ruling as of 8/6/18. Off calendar. The hearing is moot because the motion for remand was granted by order entered on 7/16/18. No appearances are required on 8/7/18.
Prior tentative ruling as of 7/2/18 at 5:30 p.m. Having reviewed the moving and opposing papers, the court is of the view that the ruling will depend on the analysis of the various equitable remand factors set forth in In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n. 18 (9th Cir. BAP 2009), citing, In
re Enron Corp., 296 B.R. 505, 508 n. 2 (C.D. Cal. 2003) and the ruling may well turn on the impact of movant's filing of a proof of claim in this bankruptcy case as discussed in In re Conejo Enterprises, Inc., 96 F.3d 346, 353-354 (9th Cir. 1996). (In this regard, the court notes that the reliance of respondents on the superseded opinion in In re Conejo Enterprises, Inc., 71 F.3d 1460, 1467 (9th Cir. 1995) for the proposition that "by filing a proof of claim a creditor forsakes its right to adjudicate before a jury any issue that bears directly on the allowance of that claim" is misplaced because the earlier opinion was superseded and the language of the earlier opinion was not incorporated into the superseding opinion and is thus inoperative.) Counsel should be prepared to discuss the equitable remand factors and the impact of filing of a proof of claim by movant on the analysis of these factors.
Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
2:30 PM
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
2:30 PM
Adv#: 2:18-01149 Shadsirat v. Zargar
fr. 6/19/18, 7/3/18
Docket 1
Updated tentative ruling as of 8/6/18. Off calendar. The hearing is moot because the motion for remand was granted by order entered on 7/16/18. No appearances are required on 8/7/18.
Prior tentative ruling as of 7/2/18. Appearances are required on 7/3/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez Robert Gentino
2:30 PM
Docket 82
Off calendar. Pursuant to Local Bankruptcy Rule 9013-1(j)(3), the court determines that oral argument on the motion is not necessary, dispenses with it, takes the motion under submission, vacates the hearing and has issued a written order on the motion. No appearances are required on 8/7/18.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 81
Off calendar. Pursuant to Local Bankruptcy Rule 9013-1(j)(3), the court determines that oral argument on the motion is not necessary, dispenses with it, takes the motion under submission, vacates the hearing and has issued a written order on the motion. No appearances are required on 8/7/18.
Debtor(s):
Placemark Properties LLC Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
fr. 7/3/18
Docket 11
Service of notice of motion is insufficient since not all creditors were served with notice of motion as required by FRBP 2002(a)(4), 9013 and 9014 since the motion is brought under 11 U.S.C. 707(a)(1) for cause, namely, unreasonable delay prejudical to creditors, rather than 11 U.S.C. 707(a)(3) for failure to file information required under 11 U.S.C. 521(a)(1). Movant to serve amended notice of motion on all creditors with a new hearing date, or alternatively, deny motion without prejudice, but grant motion to extend deadline to file either a motion to dismiss for abuse under 11 U.S.C. 707(b)(3) or an adversary proceeding under 11 U.S.C. 727. Appearances are required on 7/3/18, but counsel may appear by telephone.
Debtor(s):
Varduhi Badalyan Represented By
Ken Shakhgulyan
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 6
Off calendar. The court approved the application in part, allowing debtor to pay the filing fee in installments. No appearances are required on 8/7/18.
Debtor(s):
Gilchrist G Louis Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 6
Off calendar. The court approved the application by order entered on 7/26/18. No appearances are required on 8/7/18.
Debtor(s):
Keven Matthew Beckenhaupt Pro Se
Movant(s):
Keven Matthew Beckenhaupt Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 6
Off calendar. The court approved the application by order entered on 7/26/18. No appearances are required on 8/7/18.
Debtor(s):
Moises Zazueta Pro Se
Joint Debtor(s):
Blanca O Zazueta Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 1
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property
10:00 AM
landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
fr. 8/16/17, 1/31/1, 6/6/18
Docket 2112
Updated tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014. The parties should be prepared to discuss whether an evidentiary hearing is needed to resolve the disputed factual issues of whether fees for applicant's services on behalf of a creditor or equity holder were actual and necessary in making a substantial contribution to the Chapter 11 case under 11 U.S.C.
503(b)(3) and (4), and if so, what their discovery and other pretrial needs are.
10:00 AM
In addition, or in the alternative, deny as time-barred since application was filed on August 24, 2016 after the bar date for filing administrative expense professional fee claims of May 6, 2016 pursuant to Section 3.2 of Confirmed Plan at page 23, ECF 1859, based on a plan effective date of April 6, 2016. See Notice of Effective Date, ECF 1907, filed on April 7, 2016. Appearances are required on 9/21/16 to discuss scheduling of further proceedings.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Thomas M Geher David W. Meadows David W. Meadows Jerome S Cohen Jerome S Cohen Carolyn A Dye Carolyn A Dye
10:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 8/16/17, 1/31/18, 6/6/18
Docket 2000
Updated tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
10:00 AM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
fr. 8/16/17, 1/31/18, 6/6/18
Docket 2004
Updated tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher
10:00 AM
David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 3/7/18, 4/4/18, 6/6/18
Docket 1
Updated tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 9/12/18 at 10:00 a.m. No appearances are required on 8/8/18.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
10:00 AM
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Docket 59
Updated tentative ruling as of 8/7/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
11:00 AM
Docket 495
The court is inclined to approve the employment application of the real estate broker for the reasons stated in the application. Appearances are required on 8/8/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 496
While the court is inclined to grant the motion to authorize the listing of the property for sale, the court agrees with creditor Cindy Magleby that there should be an overbid procedure to sufficiently expose the property to the marketplace. The court is not persuaded by the arguments of Debtor or the broker to warrant dispensing with the overbidding. The court also agrees with the creditor's argument based on the express language of 11 U.S.C. 363(i) that the sale is subject to her "right of first refusal". Regarding the proposed conditions of sale requested by Debtor and the creditor, these matters will need to be thoroughly discussed and worked out before the court will authorize a listing and a sales process, given that Mrs. Magleby is a nondebtor, co-owner of the property, and that there may be outstanding family law court orders that may have an impact on the sales process (though these are not specifically identified in her papers). Appearances are required on 8/8/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 5/9/18, 7/31/18, 8/1/18
Docket 390
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 5/9/18, 7/31/18, 8/1/18
Docket 394
Updated tentative ruling as of 8/7/18. Because the parties filed their joint pretrial statement late, the joint pretrial statement is voluminous and the parties in the related contested matter of Debtor's objection to the claim of Cindy Magleby, claimants' client, filed unilateral pretrial statements rather than a joint pretrial statement as required, the court intends to continue the pretrial conference for this matter to be coordinated with the pretrial conference for the contested matter of Debtor's objection to the claim of Cindy Magleby and to allow additional time for review of the joint pretrial statement. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing
11:00 AM
papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
of property of the estate pursuant to section 542(a) of the United States Bankruptcy Code, 11 U.S.C. §542(a)
fr. 5/9/18, 7/31/18, 8/1/18
Docket 1
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
11:00 AM
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Docket 174
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the
11:00 AM
hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 1
Updated tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 9/19/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
2:00 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 4/3/18, 4/10/18
Docket 362
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
No tentative ruling as of 4/9/18. Appearances are required on 4/10/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:00 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/16/18, 1/30/18, 5/1/18
Docket 351
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:00 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 9/5/17, 1/30/18, 5/1/18
Docket 1
No updated tentative ruling as of 8/7/18. Plaintiff filed a motion for leave to file a further amended complaint, so the case may not be at issue until the motion is resolved. The motion is not noticed for hearing, but defendant to comment whether she opposes the motion. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits.
2:00 PM
Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By
2:00 PM
Trustee(s):
Justin D Graham
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 9/5/17, 1/30/18, 5/1/18
Docket 1
No updated tentative ruling as of 8/6/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court proceedings, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court notes
2:00 PM
procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 2/6/18, 8/2/18, 8/3/18
Docket 1
Updated tentative ruling as of 7/31/18. Off calendar. Trial date was vacated at hearing on 6/5/18. No appearances are required on 8/9/18.
Prior tentative ruling as of 2/5/18. Plaintiff lodged "[Proposed] Stipulated Pretrial Conference Order," which the court has rejected as deficient under LBR 7016-1 because of lack of signature of defendant's counsel, numerous typographical errors and failure to address all claims of second amended complaint. The document to be submitted first is a "Joint Pretrial Stipulation", and later an order approving that document if it is in proper form. Both parties have independent duties to participate in the preparation and filing of the pretrial conference documents under LBR 7016-1. Plaintiff filed "joint" witness list twice, but no "joint' exhibit list, but these documents have no indication that they are "joint" since no signature of defendant's counsel is provided. These documents do not excuse either party since there is no indication from defendant that defendant has met the requirements of submitting joint pretrial documents with plaintiff under LBR 7016-1. The parties should be prepared to discuss how the court should proceed with all non-dismissed claims alleged in plaintiff's second amended complaint. The court has orally indicated that the claims under 11 U.S.C. 727 should be tried first and that the claims under 11 U.S.C. 523 should be deferred until the state court appellate litigation has been completed on related claims (or the court should permissively abstain in favor of the state courts on the related claims). The parties should report on the status of the state court appellate
9:00 AM
litigation. The court is considering imposing sanctions of $250 against each counsel for their continued failures to submit documents that fully comply with the pretrial conference requirements of LBR 7016-1. Appearances are required on 2/6/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
9:00 AM
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Docket 1
Updated tentative ruling as of 7/31/18. No tentative ruling on the merits. Appearances are required on 8/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
No updated tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
10:00 AM
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
9:00 AM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 2/6/18, 8/2/18, 8/3/18, 8/9/18
Docket 1
Updated tentative ruling as of 7/31/18. Off calendar. Trial date was vacated at hearing on 6/5/18. No appearances are required on 8/10/18.
Prior tentative ruling as of 2/5/18. Plaintiff lodged "[Proposed] Stipulated Pretrial Conference Order," which the court has rejected as deficient under LBR 7016-1 because of lack of signature of defendant's counsel, numerous typographical errors and failure to address all claims of second amended complaint. The document to be submitted first is a "Joint Pretrial Stipulation", and later an order approving that document if it is in proper form. Both parties have independent duties to participate in the preparation and filing of the pretrial conference documents under LBR 7016-1. Plaintiff filed "joint" witness list twice, but no "joint' exhibit list, but these documents have no indication that they are "joint" since no signature of defendant's counsel is provided. These documents do not excuse either party since there is no indication from defendant that defendant has met the requirements of submitting joint pretrial documents with plaintiff under LBR 7016-1. The parties should be prepared to discuss how the court should proceed with all non-dismissed claims alleged in plaintiff's second amended complaint. The court has orally indicated that the claims under 11 U.S.C. 727 should be tried first and that the claims under 11 U.S.C. 523 should be deferred until the state court appellate litigation has been completed on related claims (or the court should permissively abstain in favor of the state courts on the related claims). The parties should report on the status of the state court appellate
9:00 AM
litigation. The court is considering imposing sanctions of $250 against each counsel for their continued failures to submit documents that fully comply with the pretrial conference requirements of LBR 7016-1. Appearances are required on 2/6/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/14/17.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17 to discuss scheduling, particularly sequencing of discovery, but counsel may appear by telephone.
Prior tentative ruling as of 10/24/16. Appearances are required on 10/25/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Off calendar. By separate order, the court continues the hearing on its own motion to 10/25/16 at 3:00 p.m. No appearances are required on 9/27/16.
Prior tentative ruling. Continued on the court's own motion by separate order to 9/20/16 at 3:00 p.m. No appearances are required on 8/16/16.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
9:00 AM
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Docket 0
No tentative ruling will be issued for the mediation. Appearances are required on 8/15/18.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
1:00 PM
Docket 1
Updated tentative ruling as of 7/31/18. No tentative ruling on the merits. Appearances are required on 8/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
No updated tentative ruling as of 6/14/18. Appearances are required on 6/14/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on
1:00 PM
4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 506
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 4 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Dane W Exnowski
Trustee(s):
Wesley H Avery (TR) Represented By
10:30 AM
Jeffrey L Sumpter
10:30 AM
Docket 178
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Trustee(s):
Peter J Mastan (TR) Represented By Meghann A Triplett
10:30 AM
Docket 177
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Trustee(s):
Peter J Mastan (TR) Represented By Meghann A Triplett
10:30 AM
Docket 176
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zero Energy Contracting, Inc Represented By Devin Sreecharana Andrew Harnisch Grant Cartwright
Trustee(s):
Peter J Mastan (TR) Represented By Meghann A Triplett
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Andre Silva Represented By
Antonio John Ibarra
Movant(s):
MAS Financial Services Represented By Paul V Reza
10:30 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nicholas Bowes Represented By Todd L Turoci
Joint Debtor(s):
Luddivina Bowes Represented By Todd L Turoci
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(2) to pursue non- bankruptcy remedies for the reasons stated in the moving papers because there is no equity based on the amount owed as attested by movant and the value stated in debtor's bankruptcy schedules and that this is a Chapter 7 liquidation case and the property is not needed for the reorganization of debtor. No tentative ruling on movant's request for the 14-day waiting period under FRBP 4001(a)(3).
Appearances are required on 8/21/18 in light of debtor's opposition to the motion, but counsel may appear by telephone.
Debtor(s):
Zolia Areli Sanchez Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Andres Salazar Represented By Javier H Castillo
Joint Debtor(s):
Ana Laura Hernandez Lopez Represented By Javier H Castillo
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Franc Milos Represented By
Peter M Lively
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Guillermina Yepez Vega Represented By Randy Alexander
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers.
Deny request for extraordinary relief in paragraph 4 for stay annulment for failing to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Deny requests for extraordinary relief in paragraphs 7, 8, 9, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Deny request for relief under 11 U.S.C. 362(d)(4) because movant as purchaser at a foreclosure sale is not a secured creditor with standing to seek relief under that statute. In re Ellis, 523 B.R. 673 (9th Cir. BAP 2014).
No tentative ruling on movant's request for waiver of the 14-day waiting period under FRBP 4001(a)(3) in light of debtor's opposition to the motion.
Appearances are required on 8/21/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Juan Carlos Guevara Pro Se
10:30 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hae Chun Sim Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Deny request for extraordinary relief in paragraph 3 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Deny request for relief under 11 U.S.C. 362(b)(22) and (23) that there is no stay since movant has not met the conditions of these provisions with evidence of a judgment for possession under 11 U.S.C. 362(b)(22) and evidence of illegal use of controlled substances on the property or endangerment to the property.
Movant requested relief under 11 U.S.C. 362(b)(22) and (23) and for stay annulment without any reasonable basis in fact and law, and the court requires signing counsel for movant, Linda T. Hollenbeck, to appear and show cause why sanctions of $100 should not be imposed against him and her law firm, Hollenbeck & Carodoso, LLP, for requesting such relief without a reasonable basis in fact and law under Fed. R. Bankr. P. 9011.
Appearance of counsel for movant is required on 8/20/18, but counsel may appear by telephone.
Debtor(s):
Patchree Patchrint Pro Se
10:30 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 2/13/18, 4/3/18, 7/12/18
Docket 19
Updated tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/21/18.
Prior tentative ruling as of 4/2/18. After reviewing the supplemental papers, the court believes that they are not sufficient to demonstrate the transfer of the subject property was fraudulent, and the court will set a hearing for plaintiff to offer evidence to prove up the fraudulent transfer, such as eyewitness testimony that defendant is continuing to operate his business and otherwise exercise dominion and control over the transferred property to deem it to be his. The court is considering ordering plaintiff to serve defendant with a subpoena to appear at the prove up hearing. Appearances are required on 4/3/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18. No appearances are required on 2/13/18.
11:00 AM
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 2/13/18, 4/3/18, 7/12/18
Docket 1
Updated tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/21/18.
Prior tentative ruling as of 4/2/18. See tentative ruling for matter number 4.
Prior tentative ruling as of 2/12/18. Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18.
No appearances are required on 2/13/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/11/17. The court has reviewed plaintiff's
11:00 AM
unilateral status report, again stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment.
Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment. The court on its own motion continues the status conference to 9/12/17 at 1:30 p.m. No appearances are required on 6/6/17.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
fr. 6/26/18
Docket 1209
Updated tentative ruling as of 8/20/18. At the first hearing on the motion on 6/26/18, the parties indicated that they did not have an interest in litigating this contested matter to an evidentiary hearing and were going to attempt to negotiate a consensual resolution with the filing of a stipulation by the hearing on 8/21/18. No stipulation has been filed, which perhaps indicates a lack of consensus. At this point, the court is inclined to deny the motion without prejudice on grounds the motion is premature as argued by objecting party, Morrison and Foerster, because the trustee has not concluded his administration of the case and this would be consistent with Judge Saltzman's prior 2016 order denying preconversion fee applications without prejudice (Docket Number 568). In reaching this conclusion, the court has considered case law regarding whether to allow immediate payment of administrative expense claims ahead of distribution after the Chapter 7 trustee's final report, In re Tandem Group., Inc., 61 B.R. 738, 742 (Bankr. C.D. Cal. 1986) (postponing determination of preconversion administrative expense claim until Chapter 7 trustee informs the court that sufficient funds exist in the estate to pay Chapter 7 administrative expenses and preconversion Chapter 11 administrative expenses); In re Cardinal Industries, Inc., 109 B.R. 738, 742 (Bankr. S.D. Ohio 1989) (considering the status of the case, the likelihood that all administrative expense claims will be paid in full, and the ability of the claimant to repay any amount which later turns out to be in excess of payments to other administrative expense claimants in determining whether an immediate payment of administrative expense claims should be made).
Other objecting parties argue that they are similarly situated to movant and are entitled to payment of administrative expense claims as well, and it seems it would be burdensome to the parties and the estate to litigate all of these claims now before the trustee's administration of the case is not completed
1:30 PM
and the trustee does not know at this time whether there are sufficient funds to pay Chapter 7 administrative expenses and preconversion administrative expense claims.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are material issues of fact for trial regarding whether movant has made a substantial contribution, which is disputed by other parties. The parties should meet and confer regarding their pretrial needs and a proposed pretrial and trial schedule. Appearances are required on 6/26/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
1:30 PM
Docket 1249
Grant trustee's motion objecting to debtor's claimed exemption for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/21/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 3/27/18, 5/8/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/20/18. Off calendar. Continued by stipulation and order to 10/2/18 at 1:30 p.m. No appearances are required on 8/21/18.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint status report and notes that the parties have not had their LBR 7026-1 conference. The court is inclined to continue the status conference until the parties have completed their LBR 7026-1 conference and suggests that they conduct the business of LBR 7026-1 conference before the status conference to obviate the need for a continuance. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
1:30 PM
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01105 Krasnoff, Chapter 7 Trustee v. Javaheri et al
fr. 6/19/18, 7/17/18
Docket 1
Set a discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 9/30/18 and complete mediation by 3/26/19.
Appearances are required on 8/21/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of the status conference.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Defendant(s):
Jilla Javaheri Pro Se
Jilla Javaheri, Trustee of the Jilla H. Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
Adv#: 2:18-01008 Grand View Financial, LLC v. Wilmington Savings Fund Society, FSB et al
(3) disallowance of any claims of defendants; (4) violation of fair debt collection practices act
fr. 3/20/18, 5/22/18, 7/10/18
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report requesting a continuance of the status conference for about 60 days. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m, and has entered an order so continuing the status conference. A joint status report is due on 5/15/18. Plaintiff is to give written notice of continuance to defendant or its counsel. No appearances are required on 3/20/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Wilmington Savings Fund Society, Pro Se Christiana Trust, a Division of Pro Se
Entra Default Solutions, LLC Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By
1:30 PM
Todd M Arnold
1:30 PM
Adv#: 2:18-01086 Kosma Tex v. Min
fr. 6/5/18
Docket 1
Updated tentative ruling as of 8/20/18. Off calendar. The court has reviewed the joint status report of the parties, which stated that the parties have not conducted their conference under Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. The court continues the status conference on its own motion to 9/11/18 at 1:30 p.m. and order that the parties have their Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1 conference before the continued status conference on 9/11/18. The parties need not file an updated status report for the continued status conference. No appearances are required on 8/21/18.
Prior tentative ruling. Since default has been entered against defendant, defendant will have to file a motion to set aside default unless plaintiff is willing to stipulate to set aside the default and allow defendant's answer to be considered filed. The parties should be prepared to address the issue of whether the default should be set aside. The court is not inclined to set a litigation schedule until the issue of the setting aside the default is resolved. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Pro Se
1:30 PM
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
No tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
Adv#: 2:18-01208 Avery v. Herandez et al
[11 U.S.C. §§ 542, 544, 548 and 550]
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report, suggesting that the status conference be continued to 8/28/18 at 2:30 p.m., the date and time of the hearing on plaintiff's motion for default judgment.
The court continues on its own motion the status conference to 8/28/18 at 2:30 p.m. No appearances are required on 8/21/18.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Luis Herandez Pro Se
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 8/20/18. Appearances are required on 8/21/18.
Debtor(s):
Judith M Irwin Trust Pro Se
1:30 PM
fr. 8/7/18
Docket 143
Updated tentative ruling as of 8/20/18. Appearances are required on 8/21/18 to discuss scheduling of FRBP 2004 examination, but counsel may appear by telephone.
Prior tentative ruling. Grant movant's motion for FRBP 2004 examination of debtor for the reasons stated in the moving papers. Overrule debtor's objections to the motion because the parties had a prefiling conference on 6/15/18 with no follow-up by debtor's counsel within one week as agreed, the examination cannot proceed under FRBP 7030 or 9014 since the alleged contested matter of movant's stay relief is no longer a contested matter since the court granted the stay relief motion, the argument of lack of service on debtor lacks merit as unreasonably formalistic since debtor as a limited liability company must be represented by counsel and its counsel was served and was actively negotiating with movant regarding the motion, the objection based on the attorney client privilege can be raised on a document by document and question by question basis at the examination, or submission of a privilege log at the examination, and the objection to request for production number 5 can be raised either by a motion for a protective order which has not been filed or interposed at the examination, subject to a motion to compel, and cause is shown for movant to examine debtor about possible bad faith insurance claims of Debtor and possible attorney malpractice claims of Debtor. Appearances are required on 8/7/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By
1:30 PM
Raymond H. Aver
2:30 PM
Application for fees and expenses [Davd A. Gill, Prior Chapter 7 Trustee]
Docket 122
The court has previously approved the original trustee's final report and final fee application by the prior order approving the trustee's original final report and fee applications entered on 8/20/14, but is inclined to approve the successor trustee's amended final report which adjusts the fees approved for the original trustee for the reasons stated in the amended final report and final fee applications of professionals and for lack of timely written objection.
Appearances are required on 8/21/18 to explain the adjustment of fees and possible disgorgement, but counsel may appear by telephone.
Debtor(s):
Bander Law Firm, LLP Represented By Timothy F Umbreit Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Application for fees and expenses [Richard K. Diamond, Chapter 7 Trustee]
Docket 157
Although the court has previously approved the original trustee's final report and final fee application by the prior order approving the trustee's original final report and final fee applications of professionals entered on 8/20/14, but is inclined to approve the successor trustee's amended final report and his final fee application for the reasons stated in the amended final report and final fee applications of professionals and for lack of timely written objection.
Appearances are required on 8/21/18 to explain the amended final report, but counsel may appear by telephone.
Debtor(s):
Bander Law Firm, LLP Represented By Timothy F Umbreit Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
[Danning Gill Diamond & Kollitz LLP, Attorney for Chapter 7 Trustee]
Docket 120
The court has previously approved the final fee application of attorneys for the trustee by the prior order approving the trustee's original final report and fee applications entered on 8/20/14, but is inclined to approve the trustee's amended final report which adjusts the fees approved for these applicants for the reasons stated in the amended final report and final fee applications of professionals and for lack of timely written objection. Appearances are required on 8/21/18 to explain the adjustment of fees and possible disgorgement, but counsel may appear by telephone.
Debtor(s):
Bander Law Firm, LLP Represented By Timothy F Umbreit Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Docket 114
The court has previously approved the final fee application of trustee's field representative/adjuster by the prior order approving the trustee's original final report and fee applications entered on 8/20/14, but is inclined to approve the trustee's amended final report which adjusts the fees approved for this applicant for the reasons stated in the amended final report and final fee applications of professionals and for lack of timely written objection.
Appearances are required on 8/21/18 to explain the adjustment of fees and possible disgorgement, but counsel may appear by telephone.
Debtor(s):
Bander Law Firm, LLP Represented By Timothy F Umbreit Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
[Crowe Horwath LLP, Accountants for the Chapter 7 Trustee]
Docket 155
The court has previously approved the final fee application of accountants for the trustee by the prior order approving the trustee's original final report and fee applications entered on 8/20/14, but is inclined to approve the trustee's amended final report which adjusts the fees approved for these applicants for the reasons stated in the amended final report and final fee applications of professionals and for lack of timely written objection. Appearances are required on 8/21/18 to explain the adjustment of fees and possible disgorgement, but counsel may appear by telephone.
Debtor(s):
Bander Law Firm, LLP Represented By Timothy F Umbreit Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Docket 171
Grant trustee's motion to approve compromises for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 105
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Armen A Aharonian Represented By
Arshak Bartoumian - DISBARRED -
Trustee(s):
Peter J Mastan (TR) Represented By Jeremy Faith Noreen A Madoyan Jeremy Faith
2:30 PM
Docket 101
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and applicants may appear by telephone.
Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Armen A Aharonian Represented By
Arshak Bartoumian - DISBARRED -
Trustee(s):
Peter J Mastan (TR) Represented By Jeremy Faith Noreen A Madoyan Jeremy Faith
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 103
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Armen A Aharonian Represented By
Arshak Bartoumian - DISBARRED -
Trustee(s):
Peter J Mastan (TR) Represented By Jeremy Faith Noreen A Madoyan Jeremy Faith
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 42
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Ricardo Armenta Represented By Matthew D. Resnik
Joint Debtor(s):
Maribel Armenta Represented By Matthew D. Resnik
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
[Hahn Fife & Company, Accountant for Chapter 7 Trustee]
Docket 39
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Ricardo Armenta Represented By Matthew D. Resnik
Joint Debtor(s):
Maribel Armenta Represented By Matthew D. Resnik
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Docket 200
The court has attempted to review the interim fee application, but cannot complete its review because a number of the billing entries have been redacted on grounds of privilege. The court will not rule upon the fee application unless and until applicant submits an unredacted version of the fee application, which it may do so in camera. The court will continue the hearing for 6 weeks, 2 weeks for applicant to submit an unreacted version of the fee application and 4 weeks for the court to review, considering there are over 50 pages of billing entries. Applicant must submit the unredacted version of the billing entries by 9/4/18, and the hearing is continued on the court's own motion to 10/2/18 at 2:30 p.m. No appearances are required on 8/20/18.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
Adv#: 2:18-01111 Reynoza-Fonseca v. Ruiz
Docket 10
Deny motion to disqualify counsel for debtor for the reasons stated in the opposition of debtor. Movant lacks standing to disqualification of counsel where she had no attorney-client relationship. Kasza v. Browner, 133 F.3d 1159, 1171 (9th Cir. 1998); Sherman v. CLP Resources, Inc., 2015 WL 13542762 (C.D. Cal. 2015); Great Lakes Construction, Inc. v. Burman, 186 Cal.App.4th 1347, 1358 (2010). The court agrees with debtor that standing is not shown under the so-called minority view set forth in Colyer v. Smith, 50 F.Supp.2d 966 (C.D. Cal. 1999) were applicable, assuming arguendo that it is the law in California, which is doubtful since no California state court case has adopted it, because the alleged injury to the nonclient movant that is not concrete and particularized, but only conjectural or hypothetical at this time because there is no injury unless movant obtains a state court judgment in excess of the $25,000 insurance policy limits, convinces a Chapter 7 trustee that debtor had a bad faith claim against the insurer, which has not been abandoned to the debtor, and movant alleges and proves a bad faith claim on behalf of debtor. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Defendant(s):
Rossby Ruiz Represented By
David J Richardson
2:30 PM
Plaintiff(s):
Ageda Reynoza-Fonseca Represented By Steven J Shapero
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 7/10/18, 7/31/18
Docket 32
Updated tentative ruling as of 8/20/18. Off calendar. Continued by stipulation and order to 9/25/18 at 2:30 p.m. No appearances are required on 8/21/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee]
Docket 20
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/21/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Frank Richard Ferrer Represented By Nancy Korompis
Joint Debtor(s):
Chelsey Lynn Ferrer Represented By Nancy Korompis
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 46
Off calendar. Motion withdrawn. No appearances are required on 8/21/18.
Debtor(s):
Beverly S Dudley Represented By Suzette Douglas
Trustee(s):
Sam S Leslie (TR) Represented By Alan W Forsley
Marc A Lieberman
2:30 PM
Docket 123
Sustain movant's evidentiary objections to the declaration of Veronica S. Darling on all grounds.
Grant movant's request to intervene under 11 U.S.C. 1109(b) and Federal Rule of Civil Procedure 24(a) because movant as creditor had an unconditional statutory right under 11 U.S.C. 1109(b) to intervene as a party in interest in this adversary proceeding. In re Caldor Corp., 303 F.3d 161 (2nd Cir. 2002); Matter of Marin Motor Oil, Inc., 689 F.2d 445 (3rd Cir. 1982); contra, Fuel Oil Supply and Terminaling v. Gulf Oil Corp., 762 F.2d 1283 (5th Cir. 1985); In re Megan-Racine Associates, 176 B.R. 687 (Bankr. N.D.N.Y.
1994). Although there is a circuit split of authority on the issue, the Ninth Circuit has not ruled on this issue. The broad construction of 11 U.S.C. 1109(b) in the Second and Third Circuit decisions is more persuasive then the narrow construction in the Fifth Circuit decision since there is no statutory language excluding adversary proceedings from the meaning of (bankruptcy) case in 11 U.S.C. 1109(b) and adversary proceedings are considered part of a bankruptcy case. Megan-Racine Associates is not good law since its holding is inconsistent with the holding of its circuit in Caldor.
Alternatively, movant has shown that intervention should be granted under Federal Rule of Civil Procedure 24(a)(2) in that its intervention motion is timely because the motion is made in the early stages of the adversary proceeding, as a creditor, movant has a significant protectable interest relating to the property or transaction which is the subject of the adversary proceeding since it has a claim to distributions from the bankruptcy estate which may affected by the rulings on the property interests at issue in the adversary proceeding, the disposition of the adversary proceeding as a practical matter may impair or impede the movant's ability to protect its
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interest because the scope of property of the bankruptcy estate may be limited by the rulings in the adversary proceeding and the existing parties may not adequately represent the movant's interest since the parties are married to each other and may have incentive to limit or restrict the availability of property to payment of debtor's creditors like movant. See Prete v. Bradbury, 438 F.3d 949 (9th Cir. 2006).
Movant's request for derivative standing should be granted because movant has colorable claims which would benefit the estate if successful because its claim may reduce any diminishment of property of the estate in the adversary proceeding, debtor in possession's inaction in defending the adversary proceeding by acquiciesing in plaintiff's claims in the adversary proceeding does not appear to be justified in light of her fiduciary duties in this Chapter 11 bankruptcy case since she is married to plaintiff and would stand to benefit from limiting or restricting assets jointly available to her and her spouse to her creditors and it appears to be futile for movant as creditor of debtor to make a demand on her to take action to vigorously defend the adversary proceeding to define property as belonging to her spouse solely which she may have beneficial enjoyment as a family member without being made available to pay her creditors. In re Consolidated Nevada Corp., 2017 WL 6553394 (9th Cir. BAP 2017), citing, In re Yellowstone Mountain Club, LLC, 2009 WL 982207 (Bankr. D. Mont. 2009), citing, In re Gibson Group, Inc., 66 F.3d 1436, 1446 (6th Cir. 1995).
Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 9
Sustain movant's evidentiary objections to the declaration of Veronica S. Darling on all grounds.
Grant movant's request to intervene under 11 U.S.C. 1109(b) and Federal Rule of Civil Procedure 24(a) because movant as creditor had an unconditional statutory right under 11 U.S.C. 1109(b) to intervene as a party in interest in this adversary proceeding. In re Caldor Corp., 303 F.3d 161 (2nd Cir. 2002); Matter of Marin Motor Oil, Inc., 689 F.2d 445 (3rd Cir. 1982); contra, Fuel Oil Supply and Terminaling v. Gulf Oil Corp., 762 F.2d 1283 (5th Cir. 1985); In re Megan-Racine Associates, 176 B.R. 687 (Bankr. N.D.N.Y.
1994). Although there is a circuit split of authority on the issue, the Ninth Circuit has not ruled on this issue. The broad construction of 11 U.S.C. 1109(b) in the Second and Third Circuit decisions is more persuasive then the narrow construction in the Fifth Circuit decision since there is no statutory language excluding adversary proceedings from the meaning of (bankruptcy) case in 11 U.S.C. 1109(b) and adversary proceedings are considered part of a bankruptcy case. Megan-Racine Associates is not good law since its holding is inconsistent with the holding of its circuit in Caldor.
Alternatively, movant has shown that intervention should be granted under Federal Rule of Civil Procedure 24(a)(2) in that its intervention motion is timely because the motion is made in the early stages of the adversary proceeding, as a creditor, movant has a significant protectable interest relating to the property or transaction which is the subject of the adversary proceeding since it has a claim to distributions from the bankruptcy estate which may affected by the rulings on the property interests at issue in the
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adversary proceeding, the disposition of the adversary proceeding as a practical matter may impair or impede the movant's ability to protect its interest because the scope of property of the bankruptcy estate may be limited by the rulings in the adversary proceeding and the existing parties may not adequately represent the movant's interest since the parties are married to each other and may have incentive to limit or restrict the availability of property to payment of debtor's creditors like movant. See Prete v. Bradbury, 438 F.3d 949 (9th Cir. 2006).
Movant's request for derivative standing should be granted because movant has colorable claims which would benefit the estate if successful because its claim may reduce any diminishment of property of the estate in the adversary proceeding, debtor in possession's inaction in defending the adversary proceeding by acquiciesing in plaintiff's claims in the adversary proceeding does not appear to be justified in light of her fiduciary duties in this Chapter 11 bankruptcy case since she is married to plaintiff and would stand to benefit from limiting or restricting assets jointly available to her and her spouse to her creditors and it appears to be futile for movant as creditor of debtor to make a demand on her to take action to vigorously defend the adversary proceeding to define property as belonging to her spouse solely which she may have beneficial enjoyment as a family member without being made available to pay her creditors. In re Consolidated Nevada Corp., 2017 WL 6553394 (9th Cir. BAP 2017), citing, In re Yellowstone Mountain Club, LLC, 2009 WL 982207 (Bankr. D. Mont. 2009), citing, In re Gibson Group, Inc., 66 F.3d 1436, 1446 (6th Cir. 1995).
Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
2:30 PM
fr. 8/7/18
Docket 104
Updated tentative ruling as of 8/20/18. If the motion is not mooted by the ruling on the creditor's motion to intervene, deny the witness's motion for protective order and grant creditor's motion for FRBP 2004 examination since the examination is within the scope of the rule because it relates to property of debtor and financial condition of debtor since debtor and the witness are married and the property transfers and assets in question may have involved community property which could be property of the estate. Appearances are required on 8/21/18.
Revised tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 8/21/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
fr. 8/7/18
Docket 100
Updated tentative ruling as of 8/20/18. If the motion is not mooted by the ruling on the creditor's motion to intervene, grant creditor's motion for FRBP 2004 examination and deny the witness's motion for protective order since the examination is within the scope of the rule because it relates to property of debtor and financial condition of debtor since debtor and the witness are married and the property transfers and assets in question may have involved community property which could be property of the estate. Appearances are required on 8/21/18.
Revised tentative ruling as of 8/7/18. Off calendar. Continued by stipulation and order to 8/21/18 at 2:30 p.m. No appearances are required on 8/7/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
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Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
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Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 140
Updated tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
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Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are
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required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene
11:00 AM
Kurt Ramlo Paul J Kurtzhall
11:00 AM
fr. 1/4/18, 3/21/18, 4/25/18, 6/27/18
Docket 79
Updated tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence
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indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 109
Updated tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
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Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 121
Having considered the moving and opposing papers, the court is inclined to approve the employment application, provided that the record is clear that applicant adheres to the conditions set forth in In re Lotus Properties LP, 200
B.R. 388, 393 (Bankr. C.D. Cal. 1996), citing In re Kelton, 109 B.R. 641 (Bankr, D. Vt. 1989), setting forth the so-called "analytical" approach: (1) the arrangement must be fully disclosed to the debtor/client and the third party payor/insider; (2) the debtor must expressly consent to the arrangement; (3) the third party payor/insider must retain independent legal counsel and must understand that the attorney's duty of undivided loyalty is owed exclusively to the debtor/client; (4) the factual and legal relationship between the third party payor/insider, the debtor, the respective attorneys and their contractual arrangement concerning the fees must be fully disclosed to the court at the outset of the debtor's bankruptcy representation; and (5) the debtor's attorney/applicant must demonstrate and represent to the court's satisfaction the absence of facts which would otherwise create nondisinterestedness, actual conflict or impermissible potential for a conflict of interest. The court does not follow the so-called "restrictive" approach in In re Hathaway Ranchy Partnership, 116 B.R. 208 (Bankr. C.D. Cal. 1990), setting forth a per se disqualification of counsel for debtor whose fees and costs are paid by a principal or insider because California law is not so restrictive as set forth in California Rule of Professional Responsibility 3-310(F)(3) recognizing an exception to the general rule that a lawyer may not accept compensation for representing a client other than the client unless the lawyer obtains the client's informed written consent and it appears that it is not unusual for an insider to pay for fees to employ counsel or other professionals in a debtor's bankruptcy case and that most courts permit the practice based on the criteria set forth in In re Lotus Properties LP. 1 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraph 4:284 at 4-26
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(2017), citing In re Lotus Properties, LP, supra, In re EZ Links Golf, LLC, 317
B.R. 858 (Bankr. D. Colo. 2004) and Matter of American International Refinery, Inc., 676 F.3d 455, 462 (5th Cir. 2012)(applying a similar test to evaluate the effect of a retainer paid to debtor's counsel by creditor of debtor); see also, Federal Rule of Bankruptcy Procedure 2014; In re 7677 East Berry Ave. Associates, LP, 419 B.R. 833, 844 (Bankr. D. Colo. 2009). The court believes that the application will need to be supplemented that makes all the disclosures required by Rule 2014 and In re Lotus Properties LP are made and that the conditions of Lotus Properties are met, including the requirement of independent counsel for the third party payor, Mr. Trinh, to demonstrate his understanding that applicant's duty of loyalty is only to debtor. Neither the employment application nor the attached retainer agreement discloses the agreement of the insider to pay the legal fees for applicant's services set forth in applicant's reply to the court, and none of these documents set forth the client/debtor's informed consent to this insider payment agreement and the express understanding of the third party payor/insider, Mr. Trinh, that applicant has an undivided duty of loyalty to the client/debtor. It is not enough that these disclosures are found in applicant's reply. In re Park-Helena Corp., 63 F.3d 877 (9th Cir. 1995)(failure of counsel to disclose source of retainer from insider was violation of Federal Rule of Bankruptcy Procedure 2016 and grounds for disallowance of compensation); Local Bankruptcy Rule 9013-1(g) (4)(new arguments or matters should not be raised for the first time in a reply). Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
Samuel Young Oh Represented By Kevin Tang
11:30 AM
fr. 7/18/18
Docket 255
Revised tentative ruling as of 8/21/18. Off calendar. Motion withdrawn by notice filed on 8/21/18. No appearances are required on 8/22/18.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:30 AM
Docket 30
Updated tentative ruling as of 8/20/18. The court has reviewed the supplemental pleading filed by movant with the state court's order in debtor's quiet title action, sustaining the demurrers, but with leave to amend. The court is inclined to continue the hearing on the stay relief motion with consent of movant or deny the motion without prejudice, pending the state court's sua sponte motion to dismiss the quiet title action set for hearing on 10/3/18 at 9:30 a.m. The hearing on the stay relief motion will be continued to after the state court hearing on the motion to dismiss with movant's consent or denied without prejudice. Alternatively, the court can set an evidentiary hearing on this contested matter regarding movant's stay relief claims. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed material issues of fact regarding whether cause is shown for lack of adequate protection and lack of good faith since movant has not met its burden of proof regarding debtor has insufficient equity in the subject property under 11 U.S.C. 362(g)(1) because its valuation evidence regarding equity is inadmissible and the circumstances indicating that debtor was the victim of fraudulent conduct and is pursuing legal action to vindicate its rights to reorganize and pay creditors. Although the court may not be able to take judicial notice of the declaration of the appraiser filed in the state court case, the court will accord sufficient time for debtor to obtain and filed a declaration regarding valuation in this case, and likewise, for movant as well. The court will also afford the parties an opportunity to present evidence on good faith, which will necessarily entail debtor's prospects for successfully reorganizing and obtaining plan confirmation in this case. See In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). The case of In re Walter,
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108 B.R. 244 (Bankr. C.D. Cal. 1989) does not necessarily dictate a finding of bad faith just because debtor filed for bankruptcy after failing to obtain a preliminary injunction to enjoin a foreclosure unless debtor cannot show that it can successfully reorganize and demonstrate reasonable prospects that a plan can be confirmed as recognized by the Bonner Mall decision.
Appearances are required on 6/18/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
U.S. Bank National Association as Represented By
William D Coffee
11:30 AM
Docket 1
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
1:30 PM
Docket 52
Revised tentative ruling as of 8/20/18. No tentative ruling on the merits. Although debtor represents that 11 U.S.C. 363(f) is met through consent of all of the affected lienholders under 11 U.S.C. 363(f)(2), no proof of consent has been submitted. The court will not imply consent here based on lack of written response, given that the hearing on the motion is on shortened notice and the sizable reduction of $250,000 of one lienholder without corroborative evidence of consent being offered by debtor (the sale as proposed would be a $250,000 stripoff of this junior lien). Debtor will have to offer written consent of the affected lienholders for the court to find that consent is met under 11 U.S.C. 363(f)(2) as represented in the moving papers, and the court would continue the hearing for debtor to obtain proof of consent if needed.
As to the request of the United States Trustee to examine the prospective buyers and the real estate agents, it would expedite the hearing if these parties were present for examination at the hearing. No tentative ruling as to the prospective buyers' breakup fee since they already put money into the purchase with debtor's apparent encouragement without court authorization or notice to creditors. While the prospective buyers may have been acting in good faith negotiating their purchase with debtor, debtor was apparently bypassing the procedural protections of the Bankruptcy Code in negotiating the sale and seeking dismissal to consummate the sales transaction, which is problematic. Appearances are required on 8/22/18.
Prior tentative ruling. No tentative ruling will be issued on the motion heard on shortened notice. Debtor must address opposition of United States Trustee that the sale is not a good faith, arms length transaction.
Appearances are required on 8/22/18.
Debtor(s):
Morningside, LLC Represented By
1:30 PM
Moises S Bardavid
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Shana Lynn Yao Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 22
- NONE LISTED -
Debtor(s):
Larry Paul Lewis Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Daniel Martin Nevares Represented By
Carlos A Delgado Ibarcena
Joint Debtor(s):
Elvira Nevares Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Melissa Jean Holladay Represented By David H Chung
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Irina Glyzina Represented By
Michael O Akhidenor
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Anthony R. Lopez Represented By
James D. Hornbuckle
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Thelma Bethune Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 20
- NONE LISTED -
Debtor(s):
Liann Torrentos Represented By Elena Steers
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Sonia L. Hernandez Represented By Elena Steers
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Jose Orlando Padilla Represented By Lauren M Foley
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Nannette G. Woods Represented By
James D. Hornbuckle
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Julio Guerrero Represented By
Carlos A Delgado Ibarcena
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Rex Agumo Pastores Represented By Joy M Johnson
Joint Debtor(s):
Gabriela Espina Pastores Represented By Joy M Johnson
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Tasha Ruth Daughtrey Represented By Raymond J Bulaon
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Mercedes Plascencia-Perez Represented By Omar Zambrano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Marta O Rodriguez Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Marcos Tito Gomez Represented By Lauren M Foley
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Maria G Bocanegra Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Enrique C Puentes Flores Represented By Lauren M Foley
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Claudia Judith Mendoza Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
2012 TOYOTA HIGHLANDE, VIN: 5TDZK3EH6CS055300
Docket 12
- NONE LISTED -
Debtor(s):
Michael Paul Cazian Represented By Henrik Mosesi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
2013 TOYOTA COROLLA, VIN: 5YFBU4EE1DP223099
Docket 11
- NONE LISTED -
Debtor(s):
Michael Paul Cazian Represented By Henrik Mosesi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Francisco R. Gomez Represented By Mark La Rosa
Joint Debtor(s):
Claudia E. Gomez Represented By Mark La Rosa
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Rafael H. Conchucos Represented By Shirlee L Bliss
Joint Debtor(s):
Diana Conchucos Represented By Shirlee L Bliss
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Jose Miguel Ochoa Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Leslie Johanna Turcios Represented By Yelena Gurevich
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Patricia Guzman Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Jeovanna A Diaz Sosa Represented By Benard C Udeozor
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Misty Star Rees Represented By Linda Rose Fessler
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Vicente Fernandez Uriotegui Represented By Omar Zambrano
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Cristina Alvarado Represented By Raymond J Bulaon
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Tatiana Margarita Escalante Ulloa Represented By
Omar Zambrano
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Demarla Jatawn Collins-Emery Represented By Michael E Clark
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Claudia Marisol Campos Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Lisa Trefero Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Gregory Louis Kopelow Represented By David A Tilem
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Veronica A Bryant Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Alma Lainez Represented By
Jennifer Ann Aragon
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Silvia Torres Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Francisco Gonzalez Zamora Represented By Marlin Branstetter
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Rickey Payne Represented By Jennifer Ann Aragon
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Luis Alberto Hernandez Garcia Represented By
Sevag Nigoghosian
Joint Debtor(s):
Aura Marina Cruz Represented By
Sevag Nigoghosian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Carlos Enrique Banegas Pro Se
Joint Debtor(s):
Berta Alicia Banegas Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Jaime Alberto Castellon Represented By
Sevag Nigoghosian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Juan Manuel Gutierrez Garibo Represented By
Carlos A Delgado Ibarcena
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Chaunteau L Anderson Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Adrian Burga Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
fr. 6/19/18
Docket 105
Updated tentative ruling as of 8/16/18. Off calendar. Continued by stipulation and order to 9/27/18 and 9/28/18 at 9:00 a.m. No appearances are required on 8/23/18 and 8/24/18.
Prior tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
11:00 AM
Docket 1
Updated tentative ruling as of 8/16/18. Off calendar. Continued by stipulation and order to 9/27/18 and 9/28/18 at 9:00 a.m. No appearances are required on 8/23/18 and 8/24/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
9:00 AM
fr. 6/19/18, 8/23/18
Docket 105
Updated tentative ruling as of 8/16/18. Off calendar. Continued by stipulation and order to 9/27/18 and 9/28/18 at 9:00 a.m. No appearances are required on 8/23/18 and 8/24/18.
Prior tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
9:00 AM
Docket 1
Updated tentative ruling as of 8/16/18. Off calendar. Continued by stipulation and order to 9/27/18 and 9/28/18 at 9:00 a.m. No appearances are required on 8/23/18 and 8/24/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
10:30 AM
Docket 6
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 8/24/18.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
10:30 AM
Docket 7
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 8/24/18.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
1:30 PM
Docket 174
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 7/31/18, 8/1/18, 8/8/18
Docket 394
- NONE LISTED -
Updated tentative ruling as of 8/7/18. Because the parties filed their joint pretrial statement late, the joint pretrial statement is voluminous and the parties in the related contested matter of Debtor's objection to the claim of Cindy Magleby, claimants' client, filed unilateral pretrial statements rather than a joint pretrial statement as required, the court intends to continue the pretrial conference for this matter to be coordinated with the pretrial conference for the contested matter of Debtor's objection to the claim of Cindy Magleby and to allow additional time for review of the joint pretrial statement. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 7/31/18, 8/1/18, 8/8/18
Docket 390
- NONE LISTED -
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on
1:30 PM
plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 496
- NONE LISTED -
While the court is inclined to grant the motion to authorize the listing of the property for sale, the court agrees with creditor Cindy Magleby that there should be an overbid procedure to sufficiently expose the property to the marketplace. The court is not persuaded by the arguments of Debtor or the broker to warrant dispensing with the overbidding. The court also agrees with the creditor's argument based on the express language of 11 U.S.C. 363(i) that the sale is subject to her "right of first refusal". Regarding the proposed conditions of sale requested by Debtor and the creditor, these matters will need to be thoroughly discussed and worked out before the court will authorize a listing and a sales process, given that Mrs. Magleby is a nondebtor, co-owner of the property, and that there may be outstanding family law court orders that may have an impact on the sales process (though these are not specifically identified in her papers). Appearances are required on 8/8/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Manhattan Beach, CA 90266 fr. 8/8/18
Docket 495
- NONE LISTED -
The court is inclined to approve the employment application of the real estate broker for the reasons stated in the application. Appearances are required on 8/8/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 7/31/18, 8/1/18, 8/8/18
Docket 1
- NONE LISTED -
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
1:30 PM
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 17
Because the bankruptcy case was dismissed on 8/23/18, the relief sought under 11 U.S.C. 362(d)(1) and (2) is moot. 11 U.S.C. 362(c)(1) and (2).
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. If request for relief from stay pursuant to 11 U.S.C. 362(d)(2) is not moot, deny for lack of admissible evidence regarding valuation of debtor's equity in subject real property because Redfin valuation has not been demonstrated to be based on scientifically accepted methodology of valuation (i.e., expert witness testimony by a qualified expert witness conducting a sales comparable analysis). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Ki Y Jang Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Freddy Ramos Claro Represented By
Carlos A Delgado Ibarcena
Joint Debtor(s):
Viviana Ramos Villeda Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Heliberto Galvez Vidrio Represented By Jasmine Firooz
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 8
Deny motion for stay relief as moot because the automatic stay terminated upon dismissal of the bankruptcy case on 8/13/18 pursuant to 11 U.S.C.
362(c)(1) and (2). Appearances are optional on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Douglas Morales Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:16-01270 Romero v. Marti
and 11 U.S.C. §523(a)(19); (3) Nondischargeability fr. 1/31/18, 2/6/18, 6/5/18
Docket 1
Off calendar. The status conference is moot in light of the dismissal of the adversary proceeding by stipulation and order entered on 8/14/18. No appearances are necessary.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Pro Se
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller
Trustee(s):
Jason M Rund (TR) Pro Se
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01270 Romero v. Marti
Docket 179
Off calendar. The motion is moot in light of the dismissal of the adversary proceeding by stipulation and order entered on 8/14/18. No appearances are necessary.
Debtor(s):
Maria Virginia Marti Represented By Anita Khachikyan
Defendant(s):
Maria Virginia Marti Represented By Derek L Tabone
Plaintiff(s):
Mario Romero Represented By Dimitrios P Biller Derek L Tabone Patrick M Maloney
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 19
Off calendar. The court has reviewed counsel declaration in response to the order to show cause and discharges the order to show cause. No appearances are required on 8/28/18.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 3/20/18, 5/1/18, 7/10/18
Docket 1
Updated tentative ruling. Off calendar. Continued by stipulation and order to 10/16/18 at 1:30 p.m. No appearances are required on 8/28/18.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 1
Off calendar. Continued by stipulation and order to 9/11/18 at 2:30 p.m. No appearances are required on 8/28/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
1:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Off calendar. Continued by stipulation and order to 9/11/18 at 2:30 p.m. No appearances are required on 8/28/18.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
1:30 PM
Docket 8
Off calendar. The court vacates the hearing on the order to show cause because it has by prior order extended time for debtor to file his petition- related documents. No appearances are required on 8/28/18.
Debtor(s):
Billy Redd Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 2/13/18, 4/17/18, 7/31/18
Docket 1
Updated tentative ruling as of 8/17/18. Off calendar. In light of the pending settlement between the parties in the main bankruptcy case, the court on its own motion continues the pretrial conference to 10/16/18 at 2:00 p.m. No appearances are required on 8/28/18.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/25/17. Off calendar. Continued by stipulation and order to 11/28/17 at 2:00 p.m. No appearances are required on 9/26/17.
Prior tentative ruling as of 6/26/17. Off calendar. Continued by stipulation and order to 8/29/17 at 2:00 p.m. No appearances are required on 6/27/17.
Prior tentative ruling as of 3/20/17. Off calendar. Continued by stipulation and order to 4/25/17 at 2:00 p.m. No appearances are required on 3/21/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/20/15, but counsel may appear by telephone.
2:00 PM
Debtor(s):
Peter James Eichler Jr Represented By Christian T Kim James A Dumas Jr Miri Kim Wakuta
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
$2,884.39.
Docket 98
- NONE LISTED -
Debtor(s):
Peter G. Kudrave Pro Se
2:30 PM
Application for fees and expenses [James M. Rund, Chapter 7 Trustee]
Docket 23
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/28/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Peter Michael Ulloa Represented By David Lozano
Joint Debtor(s):
Claudia Carina Ulloa Represented By David Lozano
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:18-01208 Avery v. Herandez et al
Docket 16
Grant trustee's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Luis Herandez Pro Se
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
Adv#: 2:18-01208 Avery v. Herandez et al
recovery of avoided transfer; and (3) turnover of property) [11 U.S.C. §§ 542, 544, 548 and 550]
fr. 8/21/18
Docket 1
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report, suggesting that the status conference be continued to 8/28/18 at 2:30 p.m., the date and time of the hearing on plaintiff's motion for default judgment. The court continues on its own motion the status conference to 8/28/18 at 2:30 p.m. No appearances are required on 8/21/18.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Luis Herandez Pro Se
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 16
No tentative ruling as of 8/27/18. Appearances are required on 8/28/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 21
No tentative ruling as of 8/27/18. Appearances are required on 8/28/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:00 AM
Docket 0
Off calendar. By order filed on 8/23/18, the court vacated the mediation conference at request of counsel and will reschedule date and time of mediation conference once counsel notifies the court of availability of all counsel. No appearances are required on 8/29/18.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
11:00 AM
Docket 1
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/9/18. Off calendar. Since creditor's motion to dismiss has been resolved by stipulation and order, the court on its own motion continues the status conference in this case to 8/29/18 at 11:00 a.m. A status report is due on 8/22/18. No appearances are required on 5/10/18.
Updated tentative ruling as of 5/7/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 5/10/18.
Prior tentative ruling as of 4/5/18. No tentative ruling on the merits. Appearances are required on 4/12/18.
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on 12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits.
11:00 AM
Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 1
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Regarding United States Trustee's limited opposition to motion to close case on an interim basis, debtor needs to address the objection regarding unpaid United States Trustee quarterly fees. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. The court notes that debtor filed a motion for order closing case on an interim basis with notice and opportunity for a hearing pursuant to LBR 9013-1(o). Debtor has not filed a declaration of non-opposition. The court is inclined to deny the motion without prejudice because there is no evidence in support of the assertions made in the motion. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed debtor's postconfirmation status report, reporting he anticipates filing a motion for final decree within the next 90 days. Appearances are required on 4/26/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's postconfirmation status report. No tentative ruling on the merits. Appearances are required on 11/30/16, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 499
No tentative ruling as of 8/27/18. Appearances are required on 8/29/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 95
Grant debtor's motion to approve second stipulation for use of cash collateral with Prime Business Credit for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/29/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 116
Off calendar. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
1:30 PM
Docket 372
Updated tentative ruling as of 8/27/18. Off calendar. Continued by stipulation and order to 11/7/18 at 1:30 p.m. No appearances are required on 8/29/18.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 2/13/18, 3/27/18
Docket 241
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits will be issued. Appearances are required on 8/29/18.
No updated tentative ruling as of 3/26/18. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
No tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
1:30 PM
fr. 3/27/18
Docket 263
Updated tentative ruling as of 8/27/18. No tentative ruling on the merits will be issued. Appearances are required on 8/29/18.
Prior tentative ruling. For the convenience of the parties, the court will hear this matter on its 11:00 a.m. calendar, so the parties need not come to court twice on 3/27/18.
Overrule trustee's evidentiary objections to debtor's moving papers because the objected to statements are argument. Deny debtor's motion to reopen discovery on, and extend time to respond to trustee's objection to, his homestead exemption because the matter of the objection has been fully tried, the evidence was closed, reconsideration was only granted to allow further argument based on a possible change in the case law, and debtor's motion presents no new facts relevant to the claimed homestead exemption that warrant reopening of discovery. On their face, the alleged facts asserted by debtor do not state a claim for relief against trustee for misconduct or fraud (i.e., whether there was allegedly any problem with the buyer's FHA loan to purchase the real property asset of the bankruptcy estate is only an issue between the FHA and the buyer and does not invalidate the sale). The court has already extended time for debtor to respond to trustee's papers, and a further extension is not justified. Appearances are required on 3/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
1:30 PM
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Marc Weitz
3:30 PM
Docket 65
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 8/29/18, but counsel may appear by telephone.
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
3:30 PM
fr. 8/22/18
Docket 52
Updated tentative ruling as of 8/27/18. No updated tentative ruling on the merits. Appearances are required on 8/29/18.
Revised tentative ruling as of 8/20/18. No tentative ruling on the merits. Although debtor represents that 11 U.S.C. 363(f) is met through consent of all of the affected lienholders under 11 U.S.C. 363(f)(2), no proof of consent has been submitted. The court will not imply consent here based on lack of written response, given that the hearing on the motion is on shortened notice and the sizable reduction of $250,000 of one lienholder without corroborative evidence of consent being offered by debtor (the sale as proposed would be a $250,000 stripoff of this junior lien). Debtor will have to offer written consent of the affected lienholders for the court to find that consent is met under 11 U.S.C. 363(f)(2) as represented in the moving papers, and the court would continue the hearing for debtor to obtain proof of consent if needed.
As to the request of the United States Trustee to examine the prospective buyers and the real estate agents, it would expedite the hearing if these parties were present for examination at the hearing. No tentative ruling as to the prospective buyers' breakup fee since they already put money into the purchase with debtor's apparent encouragement without court authorization or notice to creditors. While the prospective buyers may have been acting in good faith negotiating their purchase with debtor, debtor was apparently bypassing the procedural protections of the Bankruptcy Code in negotiating the sale and seeking dismissal to consummate the sales transaction, which is problematic. Appearances are required on 8/22/18.
Prior tentative ruling. No tentative ruling will be issued on the motion heard on shortened notice. Debtor must address opposition of United States Trustee that the sale is not a good faith, arms length transaction.
Appearances are required on 8/22/18.
3:30 PM
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
10:30 AM
Docket 43
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 4 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Because stay relief is granted under 11 U.S.C.
362(d)((1), it is not necessary for the court to rule on the request for such relief under 11 U.S.C. 362(d)(2). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
1060 Palms, LLC Represented By Moises S Bardavid
10:30 AM
Docket 16
Off calendar. The case was converted to Chapter 13 and reassigned to Judge Klein. Movant will need to renotice the motion before Judge Klein. No appearances are required on 9/4/18.
Debtor(s):
Velia Fuentes Represented By Marc A Goldbach
Movant(s):
Bayview Loan Servicing, LLC as Represented By
Gilbert R Yabes
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
(Union & Grattan Properties, LLC VS Debtor)
Docket 22
Because the bankruptcy case was dismissed on 8/23/18, the relief sought under 11 U.S.C. 362(d)(2) is moot. 11 U.S.C. 362(c)(1) and (2). Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including annulment, for the reasons stated in the moving papers and for lack of timely written opposition. If request for relief from stay pursuant to 11 U.S.C. 362(d)(2) is not moot, deny for lack of admissible evidence regarding valuation of debtor's equity in subject real property because the trustee's sale guarantee has not been
demonstrated to be based on scientifically accepted methodology of valuation (i.e., expert witness testimony by a qualified expert witness conducting a sales comparable analysis). Deny requests for extraordinary relief in paragraphs 10 and 11 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Ki Y Jang Pro Se
10:30 AM
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 3 and 7 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jenelle Betancourt Brito Represented By Jasmine Firooz
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:16-01440 Diamond, Chapter 7 Trustee, Plaintiff v. Wells et al
(2) for turnover; (3) to avoid and recover fraudulent transfer; (4) imposition of a constructive trust; and (4) in the alternative, for sale of the entirety of real property pursuant to 11 U.S.C. §363(h)
fr. 3/27/18, 6/19/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the matter in light of developments in the main bankruptcy case relating to the sale of the subject property and the order for turnover, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/21/17. No tentative ruling on the merits. Appearances are required on 8/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. No tentative ruling on the merits.
1:30 PM
Appearances are required on 5/9/17 to discuss the status of the related state court litigation in which entry of judgment was expected shortly as reported at the last status conference and the scheduling of further proceedings if judgment has not been entered and trustee is not yet prepared to dismiss this adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. The court notes that the parties failed to file a joint status report as required by LBR 7016-1. Appearances are required on 2/28/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and is inclined to stay the proceedings pending the trial in the related state court action starting on 1/10/17 and to set a further status conference afterwards on 1/31/17 at 1:30 p.m. Appearances are required on 1/29/16, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Sayun Wells Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Aaron E de Leest
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest
1:30 PM
Docket 81
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. It appears that the opposing parties may seek a continuance of the status conference based on their ongoing litigation in the various adversary proceedings against the debtor, which is now in mediation. Appearances are required on 9/4/18 to discuss the status of the matter, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding the reasonableness of the trustee's exercise of business judgment to abandon all assets of the estate to the debtor. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of pretrial and trial proceedings, including what evidence or discovery they will need for trial. As a suggestion in response to the trustee's reply to the opposition of the two objecting creditors, the court would consider a continuance of the hearing to allow the objecting creditors and their counsel to meet and confer with the trustee to hear in detail why the trustee believes that the assets should be abandoned. Appearances are required on 5/29/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Anthony Roy Martinez Represented By
Andrew Edward Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Alan I Nahmias
1:30 PM
Stephen F Biegenzahn
1:30 PM
Adv#: 2:18-01216 San Pedro Waterfront, LLC, dba Ports O'Call R v. City of Los Angeles, a
Docket 1
Off calendar. The status conference is moot because the adversary proceeding was dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
Defendant(s):
City of Los Angeles, a municipal Represented By
Allan H Ickowitz
Plaintiff(s):
San Pedro Waterfront, LLC, dba Represented By
David R Haberbush Vanessa M Haberbush Lane K Bogard
Jayme Wilson dba Spirit Cruises Represented By
David R Haberbush
2:00 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 6/5/18, 6/19/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus
2:00 PM
of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 6/5/18, 6/19/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of
2:00 PM
mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the
2:00 PM
parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 6/5/18, 6/19/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 6/5/18, 6/19/18, 7/10/18
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
11 U.S.C. §523(a)(2)(A) and (B), 11 U.S.C. 523(a)(4) and 11 U.S.C. §523(a)(6)
fr. 1/30/18, 6/5/18, 8/7/18
Docket 1
Updated tentative ruling as of 8/31/18. Off calendar. By stipulation and order entered on 8/10/18, the matter is set for a status conference on 9/11/18 at 2:00 p.m. No appearances are required on 9/4/18.
Prior tentative ruling as of 8/6/18. Counsel for plaintiff filed a notice of settlement on 5/29/18, but no dispositive stipulation for dismissal or judgment based on the settlement has been filed with the court. No tentative ruling on the merits. Appearances are required on 8/7/18 to address why no joint pretrial stipulation has been filed or why a stipulation for dismissal or judgment has been filed, and why sanctions should not be imposed for failing to file a joint pretrial stipulation under LBR 7016-1, including dismissal for lack of prosecution, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Counsel for plaintiff filed a notice of settlement on 5/29/18. No tentative ruling on the merits. Appearances are required on 6/5/18 to confirm the proposed settlement, and if not, to address why no joint status report or pretrial stipulation has been filed, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. The court has reviewed the joint status report stating that the parties are actively negotiating settlement. No tentative ruling on the merits. Appearances are required on 1/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits.
2:00 PM
Appearances are required on 10/24/17.
Prior tentative ruling as of 10/6/17. No tentative ruling on the merits. Appearances are required on 10/10/17.
Prior tentative ruling. The court has reviewed the joint status report and notes that the report does not state whether the parties had their LBR 7026-1 meeting of counsel. Appearances are required on 5/23/17.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym Jiyoung Kym
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
Docket 54
Off calendar. Continued by stipulation and order to 10/23/18 at 2:30 p.m. No appearances are required on 9/4/18.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Represented By
Jeffrey S Shinbrot
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell Howard Kollitz Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman
2:30 PM
#16.00 Cont'd hearing re: Motion to allow and pay administrative expense claims fr. 6/26/18, 7/31/18
Docket 453
Off calendar. Continued by stipulation and order to 10/9/18 at 2:30 p.m. No appearances are required on 9/4/18.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 61
Deny motion of Neutral Ground under FRCP 60(b) to vacate in rem stay relief order under 11 U.S.C. 362(d)(4) because movant was accorded due process under the safety valve provision of 11 U.S.C. 362(d)(4) in its own Chapter 11 bankruptcy case when it brought a motion for reimposition of the stay in its own case before the foreclosure sale was final, which motion was denied by the court by Judge Russell and the order of denial was not appealed from.
That order is now final and not subject to collateral attack. See In re Greenstein, 576 B.R. 139 (Bankr. C.D. Cal. 2017). Movant was also accorded due process when it filed a motion to vacate the stay relief order in this court before the foreclosure sale was final, which was denied on procedural grounds for lack of sufficient cause, and movant did not file an amended motion for relief before the foreclosure sale closed, which makes the matter moot because the foreclosure sale is now completed.
Appearances are required on 9/4/18, but counsel may appear by telephone.
Debtor(s):
Amanuel Devon Brooks Represented By Dana M Douglas
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
Docket 16
Deny defendants' motion to compel production of documents and/or privilege log for the reasons stated by plaintiff in its opposition. The motion is untimely, and it is a violation of the pretrial scheduling order to file the motion well after the discovery cutoff date. The motion could have been filed and heard way before the cutoff date. Award sanctions against defendants in favor of plaintiff of $1,625 representing 5 hours of attorney time at counsel's billing rate of $325 per hour as reasonable attorneys' fees for preparing the opposition to the untimely motion pursuant to FRCP 37(a)(5)(B). Defendants' untimely motion is not substantially justified because it should have been filed to be heard before the discovery cutoff date. However, the court does not award fees for the work before the discovery cutoff date because arguably the need for the work could have been substantially justified by a proper motion to compel if timely filed. Appearances are required on 9/4/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Defendant(s):
Paul Bodeau Represented By
Vanessa M Haberbush Louis H Altman
Sandra Bodeau Represented By
2:30 PM
Vanessa M Haberbush Louis H Altman
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Alexander J Kessler
2:30 PM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
Docket 19
Deny defendants' motion to extend discovery deadline for lack of good cause under FRBP 7016 and FRCP 16(b)(4) for the reasons stated in plaintiff's opposition, that is, defendants were not reasonably diligent in following up on their discovery requests to complete their discovery by the discovery cutoff date set forth in the pretrial scheduling order. Appearances are required on 9/4/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Defendant(s):
Paul Bodeau Represented By
Vanessa M Haberbush Louis H Altman
Sandra Bodeau Represented By
Vanessa M Haberbush Louis H Altman
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
2:30 PM
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Alexander J Kessler
2:30 PM
Docket 39
Treat as contested matter under FRBP 9014 because there are disputed issues of material fact regarding whether the case was dismissed due to debtor's failure to cooperate with counsel as counsel argues. Appearances are required on 9/4/18 to discuss how these factual issues are to be resolved, that is, whether an evidentiary hearing is required. Probably one is required because it appears that there may be issues of credibility regarding prospective testimony of counsel and debtor. Scheduling of pretrial and trial proceedings will need to be discussed at the hearing on 9/4/18.
Debtor(s):
Margrit Ovasepian Represented By Arman Saakyan
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed schedule of proceedings appears reasonable. However, this court requires at least 60 days notice to creditors of any claims filing bar date.
Appearances are required on 11/29/17, but counsel may appear by telephone.
Debtor(s):
1060 Palms, LLC Represented By Moises S Bardavid
9:00 AM
fr. 5/22/18
Docket 54
Off calendar. Request for fees withdrawn. No appearances are necessary.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
9:00 AM
Adv#: 2:17-01537 Gonzalez v. Padilla
fr. 1/16/18
Docket 1
Updated tentative ruling as of 9/10/18. No tentative ruling will be issued for the trial. Appearances are required on 9/11/18.
No tentative ruling as of 1/12/18. Appearances are required on 1/16/18.
Debtor(s):
Oscar Padilla Represented By
Michael E Clark
Defendant(s):
Oscar Padilla Pro Se
Plaintiff(s):
Jose Gonzalez Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(Deutsche Bank National Trust Company VS Debtor)
Docket 32
Off calendar. Continued by stipulation and order to 10/23/18 at 10:30 a.m.
No appearances are required on 9/11/18.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Deutsche Bank National Trust Represented By Kelly M Raftery
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jaime Alberto Castellon Represented By
Sevag Nigoghosian
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(Nationstar Hecm Acquisition Trust 2017-2 VS Debtor)
Docket 8
Deny motion for stay relief as moot because the bankruptcy case was dismissed on 8/31/18. Appearances are optional on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Lawrence Vito Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:16-01102 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Unjust Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 3/20/18, 5/22/18, 7/31/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are required on 9/11/18.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Raimon Mark Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01086 Kosma Tex v. Min
fr. 6/5/18, 8/21/18
Docket 1
Updated tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court has reviewed the joint status report of the parties, which stated that the parties have not conducted their conference under Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. The court continues the status conference on its own motion to 9/11/18 at 1:30 p.m. and order that the parties have their Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1 conference before the continued status conference on 9/11/18. The parties need not file an updated status report for the continued status conference. No appearances are required on 8/21/18.
Prior tentative ruling. Since default has been entered against defendant, defendant will have to file a motion to set aside default unless plaintiff is willing to stipulate to set aside the default and allow defendant's answer to be considered filed. The parties should be prepared to address the issue of whether the default should be set aside. The court is not inclined to set a litigation schedule until the issue of the setting aside the default is resolved. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
1:30 PM
Defendant(s):
Min Jeong Min Pro Se
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
fr. 7/31/18, 8/7/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re
1:30 PM
Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido
West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court
1:30 PM
exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor
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does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
fr. 7/31/18, 8/7/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by
1:30 PM
Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido
West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding
1:30 PM
relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer
1:30 PM
action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
Docket 1
Updated tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
1:30 PM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 15
28 U.S.C. § 1452(b) provides that "[t]he court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground." 28 U.S.C. § 1452(b). This standard is "an unusually broad grant of authority" which allows for remand for reasons beyond those typical of non-bankruptcy removal statutes. In re McCarthy, 230 B.R. 414, 417 (9th Cir. BAP 1999). Bankruptcy courts may consider up to fourteen factors in deciding whether to remand an action to the non-bankruptcy forum pursuant to 28 U.S.C. § 1452(b). In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n.18 (9th Cir. BAP 2009), citing In re Enron Corp., 296 B.R. 505, 508 n.2 (C.D. Cal. 2003); In re Cytodyn of New Mexico, Inc., 374 B.R. 733, 738 (Bankr. C.D. Cal. 2007). The fourteen equitable remand factors are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor remand. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms,
1:30 PM
Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988);see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The removed Landlord’s unlawful detainer action and Debtor’s breach of lease action concern the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations will be dependent on the outcome of these actions.
The extent to which state law issues predominate over bankruptcy issues. This factor favors remand because the removed unlawful detainer and breach of lease actions were initially filed in state court and are based on state law claims, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to these state law claims.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the removed actions do not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors remand because both removed actions were filed in state court and a trial date was set in the unlawful detainer action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors remand because the removed actions are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Both removed actions could exist outside of bankruptcy, and are thus noncore, and thus, the court
1:30 PM
exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor remand because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors remand. While arguably state law contract claims fall within the catch-all provisions of 28 U.S.C. § 157(b)(2)(O) to be considered "non- core" related proceedings under 11 U.S.C. § 157(c), In re Castlerock Properties, 781 F.2d 159, 162 (9th Cir. 1986), the removed actions as stated above are noncore. However, as also noted above, the outcome of the removed actions which are related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor remand because the state law claims and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors remand because arguably, Debtor is engaging in forum shopping because that it removed the actions from state court to this court after a trial was set in state court in Landlord’s unlawful detainer action.
The existence of a right to a jury trial. This factor is mixed, but on the whole does not favor remand. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion. Landlord probably has a right to a jury trial on Debtor’s breach of
1:30 PM
lease action against it, but Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor remand since Debtor and Landlord are the only parties involved in these actions.
Comity. This factor favors remand. Allowing state courts to adjudicate state law claims, as the Ninth Circuit Bankruptcy Appellate Panel has indicated that "[n]eedless decisions of state law by federal courts should be avoided as a matter of comity . . . in order to procure for the litigants ‘a surer- footed reading of applicable law.’" In re Casamont Investors, Ltd., 196 B.R. 517, 524 (9th Cir. BAP 1996), citing United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
The possibility of prejudice to other parties in the action. This factor does not favor remand. There will be no prejudice to other parties because the issues relating to the lease in both actions can be litigated in the bankruptcy court.
In weighing the various equitable remand factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the claims will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed actions and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Represented By Carl Grumer Ivan L Kallick
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
1:30 PM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 1
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
1:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 12
28 U.S.C. § 1452(b) provides that "[t]he court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground." 28 U.S.C. § 1452(b). This standard is "an unusually broad grant of authority" which allows for remand for reasons beyond those typical of non-bankruptcy removal statutes. In re McCarthy, 230 B.R. 414, 417 (9th Cir. BAP 1999). Bankruptcy courts may consider up to fourteen factors in deciding whether to remand an action to the non-bankruptcy forum pursuant to 28 U.S.C. § 1452(b). In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n.18 (9th Cir. BAP 2009), citing In re Enron Corp., 296 B.R. 505, 508 n.2 (C.D. Cal. 2003); In re Cytodyn of New Mexico, Inc., 374 B.R. 733, 738 (Bankr. C.D. Cal. 2007). The fourteen equitable remand factors are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor remand. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms,
1:30 PM
Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988);see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The removed Landlord’s unlawful detainer action and Debtor’s breach of lease action concern the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations will be dependent on the outcome of these actions.
The extent to which state law issues predominate over bankruptcy issues. This factor favors remand because the removed unlawful detainer and breach of lease actions were initially filed in state court and are based on state law claims, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to these state law claims.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the removed actions do not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors remand because both removed actions were filed in state court and a trial date was set in the unlawful detainer action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors remand because the removed actions are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Both removed actions could exist outside of bankruptcy, and are thus noncore, and thus, the court
1:30 PM
exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor remand because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors remand. While arguably state law contract claims fall within the catch-all provisions of 28 U.S.C. § 157(b)(2)(O) to be considered "non- core" related proceedings under 11 U.S.C. § 157(c), In re Castlerock Properties, 781 F.2d 159, 162 (9th Cir. 1986), the removed actions as stated above are noncore. However, as also noted above, the outcome of the removed actions which are related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor remand because the state law claims and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors remand because arguably, Debtor is engaging in forum shopping because that it removed the actions from state court to this court after a trial was set in state court in Landlord’s unlawful detainer action.
The existence of a right to a jury trial. This factor is mixed, but on the whole does not favor remand. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion. Landlord probably has a right to a jury trial on Debtor’s breach of
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lease action against it, but Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor remand since Debtor and Landlord are the only parties involved in these actions.
Comity. This factor favors remand. Allowing state courts to adjudicate state law claims, as the Ninth Circuit Bankruptcy Appellate Panel has indicated that "[n]eedless decisions of state law by federal courts should be avoided as a matter of comity . . . in order to procure for the litigants ‘a surer- footed reading of applicable law.’" In re Casamont Investors, Ltd., 196 B.R. 517, 524 (9th Cir. BAP 1996), citing United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
The possibility of prejudice to other parties in the action. This factor does not favor remand. There will be no prejudice to other parties because the issues relating to the lease in both actions can be litigated in the bankruptcy court.
In weighing the various equitable remand factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the claims will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed actions and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Represented By Carl Grumer Ivan L Kallick
1:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
1:30 PM
Docket 10
No tentative ruling as of 9/10/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 9/11/18.
Debtor(s):
John Donald Marshall Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 9/10/18. Off calendar. The hearing is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter
2:00 PM
should be stayed pending the resolution of plaintiff's claims in state court. Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
2:00 PM
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 5/15/18, 5/29/18, 8/7/18
Docket 1
Updated tentative ruling as of 9/10/18. Off calendar. The status conference is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this
2:00 PM
adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at
2:00 PM
3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
11 U.S.C. §523(a)(2)(A) and (B), 11 U.S.C. 523(a)(4) and 11 U.S.C. §523(a)(6)
fr. 10/24/17, 1/30/18, 6/5/18
Docket 1
Updated tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/6/18. Counsel for plaintiff filed a notice of settlement on 5/29/18, but no dispositive stipulation for dismissal or judgment based on the settlement has been filed with the court. No tentative ruling on the merits. Appearances are required on 8/7/18 to address why no joint pretrial stipulation has been filed or why a stipulation for dismissal or judgment has been filed, and why sanctions should not be imposed for failing to file a joint pretrial stipulation under LBR 7016-1, including dismissal for lack of prosecution, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Counsel for plaintiff filed a notice of settlement on 5/29/18. No tentative ruling on the merits. Appearances are required on 6/5/18 to confirm the proposed settlement, and if not, to address why no joint status report or pretrial stipulation has been filed, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. The court has reviewed the joint status report stating that the parties are actively negotiating settlement. No tentative ruling on the merits. Appearances are required on 1/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/24/17.
Prior tentative ruling as of 10/6/17. No tentative ruling on the merits.
2:00 PM
Appearances are required on 10/10/17.
Prior tentative ruling. The court has reviewed the joint status report and notes that the report does not state whether the parties had their LBR 7026-1 meeting of counsel. Appearances are required on 5/23/17.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym Jiyoung Kym
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Docket 170
No tentative ruling will be issued for the application heard on shortened notice. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
2:30 PM
Docket 37
Grant trustee's motion for order approving compromise of controversy for the reasons stated in the moving papers. Appearances are optional on 9/11/18, but counsel may appear by telephone. Trusteef to submit a proposed order granting the motion within 7 days of hearing.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
Adv#: 2:18-01143 American Express National Bank v. Moghadam
Docket 13
Grant plaintiff's motion for default judgment for the reasons stated in the moving papers. Appearances are optional on 9/11/18, but counsel may appear by telephone. Plaintiff to submit a proposed order granting the motion and a proposed judgment within 7 days of hearing.
Debtor(s):
Masoud Fallah Moghadam Pro Se
Defendant(s):
Masoud Fallah Moghadam Pro Se
Plaintiff(s):
American Express National Bank Represented By
Dennis Winters
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 26
Off calendar. Hearing vacated by stipulation and order resolving the motion.
No appearances are required on 9/11/18.
Debtor(s):
Varduhi Badalyan Represented By
Ken Shakhgulyan
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 11
The court is inclined to grant debtor's motion to redeem personal property, but there is a procedural defect which needs to be fixed), the property to be redeemed is not listed on Schedule C as exempt property, 11 U.S.C. 522 and 722, nor is the property shown to be abandoned, 11 U.S.C. 522 and 554.
Schedule C will have to be amended to claim the property as exempt. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Michael Wayne Torres Represented By Michael E Clark
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
fr. 7/31/18, 8/7/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
2:30 PM
fr. 7/31/18, 8/7/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
2:30 PM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 15
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Represented By Carl Grumer Ivan L Kallick
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
2:30 PM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 1
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
2:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 12
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Represented By Carl Grumer Ivan L Kallick
2:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
The hearing on this matter will be conducted on the court's 1:30 p.m. calendar. Appearances are required at 1:30 p.m.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
2:30 PM
Docket 9
Deny debtor's motion to redeem personal property without prejudice because of procedural defects in motion: (1) the property to be redeemed is not listed on Schedules A/B, which lists a 2011 Nissan Versa with 91,000 miles whereas the motion for redemption lists a 2013 Nissan Versa with 81,000 miles (either the car to be redeemed is not listed on the schedules or the schedules are wrong and must be amended - movant needs to explain why the mileage is now less on the subsequently filed motion than on the schedules); (2) the property to be redeemed is not listed on Schedule C as exempt property, 11 U.S.C. 522 and 722, nor is the property shown to be abandoned, 11 U.S.C. 522 and 554; (3) the replacement value opinion of
$2,284 purportedly based on Edmunds.com, apparently unauthenticated hearsay, is not supported by competent admissible evidence of valuation - Craig Stone, the "redemption specialist", has not been shown to be a qualified valuation expert witness, whose valuation is based on scientifically validated valuation principles, and the same is true for debtor as the owner of the property, FRE 701, 702, 801 and 901. (The Edmunds.com valuation submitted indicates a private party sale value of $3,466 for a 2013 Nissan Versa in average condition, which may approximate the replacement value of the car.). Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Laura Palma Represented By
Michael E Clark
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:30 PM
Docket 7
Off calendar. Motion granted on the papers on 9/4/18. No appearances are necessary.
Debtor(s):
John Fredrick Hubbard Pro Se
Joint Debtor(s):
Barbara Joyce Harris Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 4/4/18, 6/6/18, 8/8/18
Docket 1
Updated tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
10:00 AM
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated
10:00 AM
motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Docket 232
Deny without prejudice for lack of sufficient notice since not all creditors on the case mailing matrix were served as required by FRBP 9019, 2002 and 9013, including AEC Logistics Corp., BMW Financial Services NA, LLC, Flacco Truck Repair, Internal Revenue Service, Los Angeles County Treasurer and Tax Collector, Nissan and Wells Fargo Financial Leasning Inc., and some creditors were served, but not at all addresses indicated on the mailing matrix. Debtor needs to serve creditors at all of the addresses indicated on the mailing matrix, absent an adequate evidentiary showing that its service list is completely accurate.
The court agrees with debtor that the creditors opposing the motion have not addressed the factors in In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986), that is, the probability of success in the litigation, the difficulties, if any, to be encouraged in the matter of collection, the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it and the paramount interest of the creditors and a proper deference to their reasonable views. The objecting creditors merely argue that without discovery, it is premature and not reasonable to evaluate the settlement at this time, and the settlement presents negligible and/or insignificant benefit to the creditors as a whole. These arguments do not address the arguments raised by the motion that the settlement is fair and equitable, given the hazards and cost of the litigation and that the settlement provides value to the estate, which has not been shown to be greater otherwise if the case is not settled, that is, the objecting creditors have not shown that there would be any greater benefit to the estate and creditors through litigation. Saying the settlement is of negligible and/or insignificant benefit does not show that there is a better alternative.
Appearances are required on 9/12/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
1:30 PM
Adv#: 2:16-01341 Dumas v. Wells
Docket 24
Off calendar. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Represented By Gary A Laff
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
1:30 PM
Adv#: 2:16-01341 Dumas v. Wells
fr. 9/26/17, 2/20/18, 5/22/18
Docket 1
Updated tentative ruling as of 9/10/18. Off calendar. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report reporting the affirmance of the state court judgment in favor of plaintiff and against defendant. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued to May 2018 in light of the pending appeal in the related state court litigation where oral argument is estimated to be scheduled that month. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling as 9/25/17. Off calendar. The court has reviewed the joint status report stating that the related state court appellate proceedings are still pending and that the status conference should be continued to February 2018. The court on its own motion continues the status conference to 2/20/18 at 1:30 p.m. Counsel for plaintiff is ordered to file and serve a notice of continuance of status conference. No appearances are required on 9/26/17.
Prior tentative ruling as 5/26/17. No tentative ruling on the merits.
1:30 PM
Appearances are required on 5/30/17 to update the status of the state appellate proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/27/17. The status conference will be delayed to 2:00 p.m. because the court has a commitment offsite at the lunch hour. The court has reviewed the joint status report discussing the status of the related proceedings before the state appellate court and requesting a continuance of the status conference pending the decision of the state appellate court. The court on its own motion continues the status conference to 9/26/17 at 1:30
p.m. and orders the parties to file a further joint status report by 9/19/17. No appearances are required on 3/28/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/4/16 to discuss scheduling of mediation and trial, and the arrangements for a stay of this adversary proceeding pending appellate review of judgment in related state court litigation, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr
Trustee(s):
Richard K Diamond (TR) Pro Se
4:00 PM
Docket 180
NONE LISTED -
NONE LISTED -
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 516
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 12 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 305
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers, which is not opposed by debtor as stated in its limited opposition, except as to any finding of bad faith, the request for stay annulment and the request for waiver of the 14-day waiting period under FRBP 4001(a)(3). The court is inclined not to find that debtor engaged in bad faith based on this record. No tentative ruling on request for stay annulment as movant has not shown that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met. No tentative ruling as of the request for waiver of the 14 day waiting period under FRBP 4001(a(3). Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 170
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Deny request of debtor to condition granting stay relief to movant by allowing a blanket order for stay relief for other parties because no legal authority is cited for such broad relief. The request is problematic because the other parties for whom blanket relief is requested to be granted are not identified, nor are the claims that they are asserting are identified.
Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtor)
Docket 25
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Maribel Proo Represented By
Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 3, 8, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Martin Raul Cruz Represented By Luis G Torres
Joint Debtor(s):
Merenciana Terrazas Represented By Luis G Torres
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Western Plaza Capital Holding LLC VS Debtor)
Docket 28
Because the bankruptcy case was dismissed on 8/23/18, the relief sought under 11 U.S.C. 362(d)(1) and (2) is moot. 11 U.S.C. 362(c)(1) and (2).
Deny request for extraordinary relief in paragraph 9 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Appearances are optional on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Ki Y Jang Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Manvel Voskerchyan Represented By Leon Nazaretian
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:30 AM
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Hilda Lopez Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Adv#: 2:17-01415 Gross v. Kelly
fr. 5/23/18, 5/30/18, 7/17/18
Docket 39
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Revised tentative ruling as of 4/23/18 at 5:30 p.m. Off calendar. The court is issuing a written order continuing the hearing on the motion to 5/23/18 at 1:30
p.m. The order requires the parties to redact personal identifier information in their papers as required by FRBP 7037 and LBR 7037-1. The parties improperly stated the names of minor children and other personal identifiers in their papers. The parties also cited to numerous unreported court decisions in their papers and failed to provide the court with unmarked, complete copies of these decisions as required by LBR 9013-2(c)(3)(D). No appearances are required on 4/24/18.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Represented By
Cassandra K. Riles
11:00 AM
Movant(s):
Mark P. Gross Represented By Gary A Starre
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Adv#: 2:17-01415 Gross v. Kelly
fr. 1/16/18, 5/30/18, 7/17/18
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18.
Updated tentative ruling as of 1/12/18. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 1/16/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling as of 11/13/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Pro Se
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
11:00 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 2/28/17, 4/25/17, 1/16/18
Docket 1
Updated tentative ruling as of 9/17/18. The court has reviewed the joint status report. Appearances are required on 9/18/18 to discuss the status of debtor's pending state court appeal and the scheduling of further proceedings in this adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed the joint status report that the parties are requesting a stay pending the outcome of debtor's state court appeal. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. Off calendar. The court has reviewed the joint status report requesting that the status conference be continued for 3 weeks for the parties to evaluate the state court judgment recently entered.
The court on its own motion continues the status conference to 3/21/17 at 1:30 p.m. Counsel for plaintiff to notify counsel for defendant of the continuance. No appearances are required on 2/28/17.
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/26/16. Appearances are required on 9/27/16, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By
1:30 PM
Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Richard L Barnett
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:18-01120 Ehrenberg v. Cosmetics Gallery, Inc. et al
fr. 6/19/18
Docket 1
Updated tentative ruling as of 9/17/18. Off calendar. Continued by stipulation and order to 11/6/18 at 1:30 p.m. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since defendants have not answered the complaint, the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Cosmetics Gallery, Inc. Pro Se
Srinivas Venkumahanti Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 6/19/18
Docket 1
Updated tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By
1:30 PM
Trustee(s):
Anthony J Napolitano
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 6/19/18
Docket 1
Updated tentative ruling as of 9/17/18. The court has reviewed the joint status reports indicating that the parties do not agree on a pretrial schedule and on whether the matter should be ordered to mediation. Appearances are required on 9/18/18 to discuss scheduling and mediation, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
1:30 PM
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 6/19/18
Docket 1
Updated tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status conference to that date and time for the reasons stated in the status report.
No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01125 Ehrenberg v. VC Sales and Services, LLC et al
fr. 6/19/18
Docket 1
Updated tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report representing that the parties have been engaged in informal discovery and settlement discussions and requesting a continuance of the status conference to 11/6/18 at 1:30 p.m. so the parties can continue these discussions. The court on its own motion continues the status conference to 11/6/18 at 1:30 p.m. An updated joint status report is due on 10/30/18. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report of some parties and the unilateral status report of defendant VC Sales and Services, LLC. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since certain defendants have not answered the complaint and one defendant, VC Sales and Services, LLC, has not timely responded to the complaint (however, this defendant contends that service was not proper), the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed by defendants who have extensions of time to respond to the complaint and that plaintiff can request entry of default against the defendant which has not timely responded to the complaint, or that defendant's motion to set aside default can be heard.
Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
1:30 PM
Defendant(s):
VC Sales and Services, LLC Pro Se
Raja Sekhar Vadlamudi Pro Se
Ravik Chigurupati Pro Se
Kavita Tummala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Updated tentative ruling as of 9/17/18. Off calendar. The court has reviewed plaintiff's unilateral status report. As alternatively suggested by plaintiff, the court on its own motion continues the status conference to 10/23/18 at 2:30
p.m. to be conducted with the hearing on defendant's motion to set aside default. Plaintiff to give notice to defendant. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 9/18/18 at 1:30
p.m. in light of plaintiff's pending motion for default judgment. No appearances are required on 7/31/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
1:30 PM
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
1:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
fr. 11/28/17, 1/9/18, 3/6/18
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed defendant's status report, but notes that plaintiff was not part of the status report.
Defendant untimely served his answer, but default had not yet been entered. Plaintiff to address whether it objects to the filing of the answer and defendant defending in this matter since plaintiff indicated at the status conference on 7/25/17 that it intended to resubmit a request for entry of default.
Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Jay Yoon Represented By
Young K Chang
Defendant(s):
Jay Yoon Pro Se
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01111 Reynoza-Fonseca v. Ruiz
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Defendant(s):
Rossby Ruiz Pro Se
Plaintiff(s):
Ageda Reynoza-Fonseca Represented By Steven J Shapero
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:18-01047 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Sican Roca et al
(11) denial of discharge fr. 4/17/18, 6/26/18
Docket 1
Updated tentative ruling as of 9/17/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Defendant(s):
Marvin Abel Sican Roca Pro Se
Angelica Maria Rodriguez Pro Se
Oscar L. Sican Pro Se
Angelica Sican Martinez Pro Se
Bayview Loan Servicing, LLC. Pro Se
1:30 PM
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Adjoa Anim-Appiah
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
1:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
U.S.C. §§523(a)(2)(A) & (a)(6) and 11 U.S.C. §§727(a)(3)-(4), and declaratory relief fr. 7/10/18, 7/31/18
Docket 1
Updated tentative ruling as of 9/17/18. Set a discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 10/31/18 and complete mediation by 3/26/19. Appearances are required on 9/18/18, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of the status conference.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at 2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss. No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
1:30 PM
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Pro Se
Sun Y Kim Pro Se
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:18-01227 Goodrich, Chapter 7 Trustee v. Bowes
Docket 1
No tentative ruling as of 9/17/18. Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Defendant(s):
Tracy Steven Bowes Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
1:30 PM
Adv#: 2:18-01231 Mercedes-Benz Financial Services USA LLC, as servi v. Smith
Docket 1
Off calendar. Continued by stipulation and order to 3/12/19 at 1:30 p.m. No appearances are required on 9/18/18.
Debtor(s):
Angela Maria Porcell Smith Represented By Beatriz Chen
Defendant(s):
Angela Maria Porcell Smith Pro Se
Joint Debtor(s):
Michael S. Smith Represented By Beatriz Chen
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
Rebecca A Caley
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:18-01229 Avery v. Peraza
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 10/2/18 at 2:30 p.m. to be conducted with the hearing on plaintiff's motion for default judgment. No appearances are required on 9/18/18.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:00 PM
Docket 253
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18 to discuss scheduling of trial, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Andrew Edward Smyth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
2:00 PM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 1
Updated tentative ruling as of 9/17/18. By order filed on 9/13/18, the joint pretrial stipulation was approved, and the trial is set for 10/4/18 at 9:00 a.m. At the pretrial conference, the parties may raise concerns regarding the joint pretrial stipulation and the trial setting order. Appearances are required on 9/18/18.
Prior tentative ruling as of 4/9/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:11-01941 Cathay Bank v. Eftekhari
Docket 50
Off calendar. Based on the notice filed by movant, the court has taken the hearing off calendar. No appearances are required on 9/18/18.
Debtor(s):
Nasir Eftekhari Represented By Robert S Altagen
Defendant(s):
Nasir Eftekhari Represented By Douglas M Neistat Yi S Kim
Plaintiff(s):
Cathay Bank Represented By
Bob Benjy Michael G Fletcher Marshall J August
Trustee(s):
Alfred H Siegel (TR) Pro Se
2:30 PM
Docket 24
Deny motion to avoid liens without prejudice or continue hearing to allow movant to file supplemental evidence of unavoided liens of Los Angeles Police Federal Credit Union. The court is unable to determine whether the judgment lien to be avoided impairs the claimed exemption because there is insufficient evidence of the avoided liens, such as true and accurate copies of the unavoided liens with recordation data. Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Lisa Kelly Represented By
James P Segall-Gutierrez Marcus G Tiggs
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Docket 1275
The court deems debtor's failure to timely oppose the motion as consent to granting the motion pursuant to LBR 9013-1(h) and grants the motion in its entirety since there is no evidence to show that the sale of the car, an asset of the estate, is attributable to debtor's postpetition, preconversion income. Appearances are optional on 9/18/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Adv#: 2:16-01388 Phelps v. Bishop
Docket 138
Grant motion to substitute proper party plaintiffs pursuant to FRBP 7025 and FRCP 25(a)(1). Movants Thomas Patton and Audrey Patton seek to substitute in as the proper plaintiff under FRCP 25(a)(1) which states, "If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution maybe made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." Defendant argues that the because plaintiff died on May 1, 2018 and the Motion to Substitute was fled on August 17, 2018, movants do not meet the 90-day requirement of Rule 25(a)(1). "[T] he rule requires two affirmative steps in order to trigger the running of the 90 day period. First, a party must formally suggest the death of the party upon the record…. Second, the suggesting party must serve other parties and nonparty successors or representatives of the deceased with a suggestion of death in the same manner as required for service of the motion to substitute." Barlow v. Ground, 39 F. 3d 231, 233 (9th Cir. 1994) (internal citations omitted). "The running of the ninety-day limitations period under Rule 25(a)
is not triggered unless a formal suggestion of death is made on the record, regardless of whether the parties have knowledge of a party's death." Grandbouche v. Lovell, 913 F.2d 835, 836 (10th Cir.1990). "Mere reference to a party’s death in court proceedings or pleadings is not sufficient to trigger the limitations period for filing a motion for substitution." Id. at 836-837. In this case, there is no evidence that (1) a party formally suggested the death of plaintiff upon the record or (2) parties were served with the suggestion of death to trigger the 90-day deadline. The motion is thus timely, and movants have demonstrated that under state law they are entitled to substitute as plaintiff's successors. Appearances are required on 9/18/18, but counsel may appear by telephone.
2:30 PM
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Willie Mae Phelps Represented By Frances M Campbell
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 41
Deny debtor's motion for authority to refinance real property for the reasons stated in trustee's opposition, namely, debtor lacks authority to encumber the one-half joint tenancy interest which belonged to him and is now property of the bankruptcy estate under 11 U.S.C. 541 subject to administration in this bankruptcy case under the supervision of the Chapter 7 trustee under 11
U.S.C. 323 and 363. Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Glenford Hilbrandt Flowers Represented By
Jan Peter Quaglia
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
2:30 PM
Application for fees and expenses [Heide Kurtz, Chapter 7 Trustee]
Docket 72
The court is inclined to approve final report and fee application of trustee for reasons stated in the final report, but in light of the objection of Debtor to the final fee application of trustee's counsel, the court will defer a ruling on the final report and fee application of trustee until the court rules on the objection to counsel's fee application. Appearances are required on 9/18/18 to discuss scheduling, but trustee and counsel may appear by telephone.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
2:30 PM
[Levene, Neale, Bender, Yoo & Brill L.L.P., Attorneys for Chapter 7 Trustee]
Docket 68
Treat as a contested matter under FRBP 9014 and schedule evidentiary hearing on the objections of Debtor to the final fee application of counsel for trustee. Appearances are required on 9/18/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
2:30 PM
[Hahn Fife & Company, Accountant for Chapter 7 Trustee]
Docket 70
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/18/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 21
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/18/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Maribel Proo Represented By
Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 91
Grant debtor's motion to extend exclusivity for the reasons stated in the moving papers because debtor is making progress in its reorganization by successful prosecution of the tenant abandonment litigation which will allow it to rent out its real property and improve revenue, and this in turn will enhance its prospect to sell the property to realize value for creditors, the case is in its early stages, only six months after filing, this is only the second extension of exclusivity and the other so-called Dow Corning factors are met.
Appearances are required on 9/19/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
Movant(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 11
Treat as a contested matter under FRBP 9014 because it appears that there are disputed issues of material fact regarding debtor's good faith in requesting conversion of the case to Chapter 13 and debtor's income eligibility for Chapter 13 based on her amended schedules asserting a family contribution from her brother. See In re Deutsch, 529 B.R. 308 (Bankr. C.D. Cal. 2015).
The court has questions about trustee's estimate of $55,000 in anticipated Chapter 7 administrative expenses which seem awfully high in this case still in its early stages. Appearances are required on 9/18/18 to discuss scheduling of an evidentiary hearing to resolve disputed issues of material fact on the motion, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By David S Hagen
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
2:30 PM
Docket 11
Updated tentative ruling as of 9/17/18. Grant amended motion to redeem personal property for the reasons stated in the moving papers based on the satisfaction of the objection set forth opposition by the lender as reflected in the amended moving papers, including the amended schedules and claim of exemption. Appearances are optional on 9/18/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Prior tentative ruling. The court is inclined to grant debtor's motion to redeem personal property, but there is a procedural defect which needs to be fixed), the property to be redeemed is not listed on Schedule C as exempt property, 11 U.S.C. 522 and 722, nor is the property shown to be abandoned, 11
U.S.C. 522 and 554. Schedule C will have to be amended to claim the property as exempt. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Michael Wayne Torres Represented By Michael E Clark
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 30
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court has reviewed the supplemental pleading filed by movant with the state court's order in debtor's quiet title action, sustaining the demurrers, but with leave to amend. The court is inclined to continue the hearing on the stay relief motion with consent of movant or deny the motion without prejudice, pending the state court's sua sponte motion to dismiss the quiet title action set for hearing on 10/3/18 at 9:30 a.m. The hearing on the stay relief motion will be continued to after the state court hearing on the motion to dismiss with movant's consent or denied without prejudice. Alternatively, the court can set an evidentiary hearing on this contested matter regarding movant's stay relief claims. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed material issues of fact regarding whether cause is shown for lack of adequate protection and lack of good faith since movant has not met its burden of proof regarding debtor has insufficient equity in the subject property under 11 U.S.C. 362(g)(1) because its valuation evidence regarding equity is inadmissible and the circumstances indicating that debtor was the victim of fraudulent conduct and is pursuing legal action to vindicate its rights to reorganize and pay creditors. Although the court may not be able to take judicial notice of the declaration of the appraiser filed in the state court case, the court will accord sufficient time for debtor to obtain and filed a declaration regarding valuation in this case, and likewise, for movant as well. The court will also afford the parties an opportunity to present evidence on good faith,
10:30 AM
which will necessarily entail debtor's prospects for successfully reorganizing and obtaining plan confirmation in this case. See In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). The case of In re Walter, 108 B.R. 244 (Bankr. C.D. Cal. 1989) does not necessarily dictate a finding of bad faith just because debtor filed for bankruptcy after failing to obtain a preliminary injunction to enjoin a foreclosure unless debtor cannot show that it can successfully reorganize and demonstrate reasonable prospects that a plan can be confirmed as recognized by the Bonner Mall decision.
Appearances are required on 6/18/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
U.S. Bank National Association as Represented By
William D Coffee
10:30 AM
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 464
The court is inclined to grant second motion to approve financing for the reasons stated in the moving papers and for lack of timely written opposition, but the proposed agreement is not signed by the parties. Appearances are required on 9/19/18, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
Docket 1
Updated tentative ruling as of 9/17/18. Off calendar. Continued by stipulation
and order to 10/24/18 at 11:00 a.m. No appearances are required on 9/19/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
11:00 AM
Docket 118
No tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 8/29/18
Docket 116
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
11:00 AM
Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 140
Off calendar. Continued by stipulation and order to 10/24/18 at 11:00 a.m.
No appearances are required on 9/19/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 144
Off calendar. Continued by stipulation and order to 10/24/18 at 11:00 a.m.
No appearances are required on 9/19/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 9/17/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits.
Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 7/30/18, but the court requires 60 days notice of a bar date to creditors, which means notice must be served on all creditors by 5/31/18. The court is inclined to set a bar date of 8/10/18 with notice served by 6/8/18. Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes
11:00 AM
Docket 63
Grant debtor's motion for entry of order authorizing use ofr cash collateral for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 9/19/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 1
The status conference is continued to October 3, 2018 at 11:00 a.m. pursuant to Mr. Aver's ex parte motion (Docket No. 36) and the order entered on
September 18, 2018.
The court has reviewed debtor's status report. No tentative ruling on the merits.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
Docket 11
No tentative ruling as of 9/17/18. Appearances are required on 9/19/18.
Debtor(s):
Placemark Assets, LLC Pro Se
11:00 AM
Docket 17
Grant motion of United States Trustee to dismiss, convert or appoint trustee and dismiss case for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 9/19/18, but counsel may appear by telephone.
Debtor(s):
Placemark Assets, LLC Pro Se
11:00 AM
Docket 1
No tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
Debtor(s):
Placemark Assets, LLC Pro Se
11:30 AM
fr. 7/18/18
Docket 217
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:30 AM
Docket 1
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
11:30 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:30 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 5/1/18, 6/19/18, 7/18/18
Docket 13
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
11:30 AM
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:30 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
11:30 AM
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By
11:30 AM
Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:30 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18
Docket 44
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
11:30 AM
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:30 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18
Docket 43
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By
11:30 AM
Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:30 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 5/1/18, 6/19/18, 7/18/18
Docket 1
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
11:30 AM
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
9:00 AM
fr. 7/11/18
Docket 2043
Updated tentative ruling as of 9/17/18. No tentative ruling will be issued for the hearing on the issue of whether the settlement agreement was and is an executory contract deemed rejected in the bankruptcy case. Appearances are required on 9/20/18.
No tentative ruling as of 7/30/18. Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 7/10/18, 7/31/18, 8/21/18
Docket 32
Off calendar. Continued by stipulation and order to 11/6/18 at 2:30 p.m. No appearances are required on 9/25/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
9:00 AM
fr. 6/19/18, 8/23/18, 8/24/18
Docket 105
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
9:00 AM
Docket 1
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
9:00 AM
fr. 8/23/18, 9/24/18, 9/27/18
Docket 105
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
9:00 AM
Docket 1
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
10:30 AM
Docket 518
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including stay annulment, for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraphs 4, 10 and 14 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 26
Updated tentative ruling as of 10/1/18. Deny motion for stay relief without prejudice based on prior tentative ruling. The moving papers show that there is a 20% equity cushion, and trustee is administering the case as an asset case. The statements in movant's counsel's declaration regarding the trustee's intentions in the case are uncorroborated. If trustee abandons the property or the case is fully administered, movant can refile the motion.
Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling. Deny motion for relief from stay under 11 U.S.C. 362(d) (1). Although debtors lack standing to object to stay relief since the stay is terminated as to them from their discharge, the trustee has issued a notice of assets and possible creditor dividend in this case, which may include the 20% equity cushion in the subject property, which adequately protects movant's lien interest. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Appearances are required on 7/31/18, but counsel may appear by telephone.
Debtor(s):
Jose Marin Soriano Equigua Represented By Cynthia Grande
Joint Debtor(s):
Maria Ofelia Soriano Represented By Cynthia Grande
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Francisco Villavicencio Represented By Theresa Hana
Joint Debtor(s):
Martha Angelica Villavicencio Represented By Theresa Hana
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Richard Clyde Hair Represented By Barry E Borowitz
Joint Debtor(s):
Carol Ann Hair Represented By Barry E Borowitz
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
10:30 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Harold Salvana Palparan Represented By Steven A Alpert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Vyronica Lee Smith Pro Se
Movant(s):
Norma Suber Represented By
Paul E Gold
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
fr. 6/26/18, 8/20/18
Docket 1209
Updated tentative ruling as of 10/1/18. Off calendar. Continued by stipulation and order to 11/27/18 at 2:30 p.m. No appearances are required on 10/2/18.
Prior tentative ruling as of 8/20/18. At the first hearing on the motion on 6/26/18, the parties indicated that they did not have an interest in litigating this contested matter to an evidentiary hearing and were going to attempt to negotiate a consensual resolution with the filing of a stipulation by the hearing on 8/21/18. No stipulation has been filed, which perhaps indicates a lack of consensus. At this point, the court is inclined to deny the motion without prejudice on grounds the motion is premature as argued by objecting party, Morrison and Foerster, because the trustee has not concluded his administration of the case and this would be consistent with Judge Saltzman's prior 2016 order denying preconversion fee applications without prejudice (Docket Number 568). In reaching this conclusion, the court has considered case law regarding whether to allow immediate payment of administrative expense claims ahead of distribution after the Chapter 7 trustee's final report, In re Tandem Group., Inc., 61 B.R. 738, 742 (Bankr. C.D. Cal. 1986) (postponing determination of preconversion administrative expense claim until Chapter 7 trustee informs the court that sufficient funds exist in the estate to pay Chapter 7 administrative expenses and preconversion Chapter 11 administrative expenses); In re Cardinal Industries, Inc., 109 B.R. 738, 742 (Bankr. S.D. Ohio 1989) (considering the status of the case, the likelihood that all administrative expense claims will be paid in full, and the ability of the claimant to repay any amount which later turns out to be in excess of payments to other administrative expense claimants in determining whether an immediate payment of administrative expense claims should be made).
Other objecting parties argue that they are similarly situated to movant and
1:30 PM
are entitled to payment of administrative expense claims as well, and it seems it would be burdensome to the parties and the estate to litigate all of these claims now before the trustee's administration of the case is not completed and the trustee does not know at this time whether there are sufficient funds to pay Chapter 7 administrative expenses and preconversion administrative expense claims.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are material issues of fact for trial regarding whether movant has made a substantial contribution, which is disputed by other parties. The parties should meet and confer regarding their pretrial needs and a proposed pretrial and trial schedule. Appearances are required on 6/26/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 5/8/18, 7/10/18, 8/21/18
Docket 1
Updated tentative ruling as of 10/1/18. Off calendar. Continued by stipulation and order to 10/23/18 at 1:30 p.m. No appearances are required on 10/2/18.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint status report and notes that the parties have not had their LBR 7026-1 conference. The court is inclined to continue the status conference until the parties have completed their LBR 7026-1 conference and suggests that they conduct the business of LBR 7026-1 conference before the status conference to obviate the need for a continuance. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
1:30 PM
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:17-01192 Diamond, Chapter 7 Trustee, Plaintiff v. Scales
fr. 2/20/18, 5/22/18, 7/31/18
Docket 1
Updated tentative ruling as of 10/1/18. Off calendar. Continued by stipulation and order to 4/2/19 at 1:30 p.m. No appearances are required on 10/2/18.
Prior tentative ruling. The court has reviewed the joint status report. Set discovery completion date of 1/31/18 and set a post-discovery status conference for 2/20/18 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 7/31/17 and to complete mediation by 2/28/17.
Appearances are required on 5/16/17, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Defendant(s):
Michelle Renee Scales Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 4/10/18, 6/5/18, 7/17/18
Docket 1
Updated tentative ruling as of 10/1/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference in light of pending settlement discussions, and the court on its own motion continues the status conference to 10/2/18 at 1:30 p.m. No appearances are required on 7/17/18. Counsel for plaintiff to notify counsel for defendants of the continuance.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01241 Grand View Financial, LLC v. Harold R. Fuhrmann
Docket 1
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Harold R. Fuhrmann Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01246 Conchucos v. U.S. DEPARTMENT OF EDUCATION C/O FEDLOAN
Docket 1
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18.
Debtor(s):
Rafael H. Conchucos Represented By Shirlee L Bliss
Defendant(s):
U.S. DEPARTMENT OF Pro Se
Joint Debtor(s):
Diana Conchucos Represented By Shirlee L Bliss
Plaintiff(s):
Diana Conchucos Represented By Shirlee L Bliss
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:15-01323 Franowicz et al v. Cook et al
fr. 12/12/17, 4/10/18, 6/26/18
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/2/18.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18.
Prior tentative ruling as of 4/9/18. The court has reviewed the joint pretrial stipulation, and after its review, the court is of the opinion that the matter is not ready for trial. The parties have indicated that expert discovery has not been completed. Plaintiffs have stated that they will call expert witnesses at trial, and defendant reserved his right to do so. The court believes that the parties should disclose the identity of their expert witnesses and be required for such expert witnesses to produce their expert reports, and a deposition schedule be set. As to evidentiary objections to exhibits, the parties have each stated that they reserve all objections to some exhibits, which is not permitted by the court's rules and procedures, and the court will disregard the reservation of rights to object, which means that the parties asserting an objection must state specific groudns for an objection or the objections based on reservations of rights will be overruled, and such exhibits will be received into evidence. The court will allow parties some time to interpose objections based on specific grounds as to those exhibits. As to presentation of deposition testimony, plaintiffs state that they will object to the use of deposition testimony of plaintiffs, but do not state a reason. It appears to the court that the parties should mark and countermark deposition transcripts in accordance with the court's local rules and the parties can interpose objections to admission of deposition testimony at that time. In the joint
2:00 PM
pretrial stipulation, defendant stated that the trial should be bifurcated to first determine the existence of a debt and then determine whether such debt is dischargeable, but plaintiffs stated no position as to bifurcation. The court is not inclined to bifurcate the trial since there is no apparent benefit to the court or the parties by doing so, but plaintiffs will need to state their position on the issue. The parties should be prepared to discuss scheduling of expert discovery, submission of an amended joint pretrial stipulation and dates for a further pretrial conference. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/16/17. Appearances are required on 10/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 8/7/17. The court has reviewed plaintiffs' status report stating that they intend to proceed with prosecution of the adversary complaint. According to the status report, plaintiffs seek specified damages of $32,018.06 for rent and settlement costs, plus an unspecified amount of damages for attorneys' fees they have incurred. Plaintiffs should be prepared to disclose: (1) the amount of attorneys' fees that they incurred and are seeking an award and (2) the substantive legal basis for an award of attorneys' fees because none was alleged in the complaint or specified in the purchase and sale agreement for the subject property (preliminarily, the court is of the view that the attorneys' fees clause in the lease agreement would not apply since the alleged fraud was with the purchase and sale agreement).
Appearances are required on 8/8/17 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. The court has reviewed the joint pretrial stipulation. No tentative ruling on the merits. The court will discuss the issues raised in the joint pretrial stipulation regarding the effect of the approval of the settlement between trustee and the Franowicz/Gallagher parties. Appearances are required on 6/27/17.
2:00 PM
Prior tentative ruling as of 5/26/17. Off calendar. Continued to 6/27/17 at 2:00 p.m. as stated orally at a hearing on trustee's motion to approve settlement with Franowicz/Gallagher parties in the main bankruptcy case on 5/15/17. No appearances are required on 5/30/17.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/13/17. The court has reviewed the joint status report. Appearances are required on 1/17/17 to discuss scheduling of further proceedings, including a pretrial conference.
Prior tentative ruling as of 5/27/16. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/31/16, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 2/22/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/24/16 to address scheduling and referral to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 12/14/15. Treat as contested matter under FRBP 9014. No tentative ruling on the merits. Appearances are required on 12/16/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 11/23/15. Off calendar. This matter is trailed with the pretrial conference on creditors' motion to dismiss the bankruptcy case and debtors' motion to reject executory contract, which have been continued by stipulation and order to 12/15/15 at 2:00 p.m. No appearances are required on 11/24/15.
2:00 PM
Prior tentative ruling as of 10/9/15. Off calendar. Continued to 11/24/15 at 2:00 p.m. on the court's own motion at a hearing in the bankruptcy case on 10/6/15. No appearances are required on 10/13/15.
Prior tentative ruling. The court has reviewed the joint status report requesting that the status conference be continued until after the evidentiary hearing on creditors' motion to dismiss the underlying bankruptcy case is conducted. Appearances are required on 8/25/15 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian J Cook Represented By
Rex Tran
Victoria Velasquez Cook Represented By Andrew Goodman Rex Tran
Interested Party(s):
Courtesy NEF Represented By Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr
2:00 PM
Brian Barouir Yeretzian Paul R Shankman
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 484
Off calendar. Continued to 11/6/18 at 2:00 p.m. by prior order. No appearances are required on 10/2/18.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Movant(s):
LEA Accountancy, LLP Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
Docket 481
Off calendar. Continued to 11/6/18 at 2:00 p.m. by prior order. No appearances are required on 10/2/18.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
Docket 323
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Docket 319
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
fr. 8/21/18
Docket 200
Updated tentative ruling as of 10/1/18. There are a number of block billed entries by applicant. Block billing lumps together multiple tasks, making it impossible to evaluate their reasonableness. Role Models America, Inc. v. Brownlee, 353 F.3d 962, 971 (D.C. Cir. 2004). The court has authority to reduce hours that are billed in block format. Welch v. Metropolitan Life Insurance Co., 480 F.3d 942, 948 (9th Cir. 2007). If applicant wishes to be compensated for the services which have been block billed, it will need to "unblock" the block billed entries and list out the time for each task performed. The blocked billed entries are: Exhibit 3, page 24: 11/6/17, 1.3 hours; Exhibit 3, page 25: 11/9/18, 2.8 hours, 11/13/17, 1.2 hours, 11/14/17, 1.4 hours;
Exhibit 3, page 38, 3/29/18, 2.6 hours; Exhibit 3, page 41, 4/6/18, 2.2 hours,
4/8/18, 2.7 hours, 4/8/18, 2.8 hours, 4/9/18, 5.6 hours; Exhibit 3, page 42,
4/11/18, 3.8 hours, 4/18/18, 4.8 hours, 4/20/18, 2.8 hours; Exhibit 3, page 43,
4/24/18, 6.2 hours, 4/25/18, 3.9 hours, Exhibit 3, page 44, 4/26/18, 7.4 hours. Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling. The court has attempted to review the interim fee application, but cannot complete its review because a number of the billing entries have been redacted on grounds of privilege. The court will not rule upon the fee application unless and until applicant submits an unredacted version of the fee application, which it may do so in camera. The court will continue the hearing for 6 weeks, 2 weeks for applicant to submit an unreacted version of the fee application and 4 weeks for the court to review, considering there are over 50 pages of billing entries. Applicant must submit the unredacted version of the billing entries by 9/4/18, and the hearing is continued on the court's own motion to 10/2/18 at 2:30 p.m. No appearances are required on 8/20/18.
2:30 PM
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
(5) Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h)
Docket 313
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18. Counsel should appear in person.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Adv#: 2:18-01229 Avery v. Peraza
Docket 11
Grant trustee's motion for entry of default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
Adv#: 2:18-01229 Avery v. Peraza
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 10/2/18 at 2:30
p.m. to be conducted with the hearing on plaintiff's motion for default judgment. No appearances are required on 9/18/18.
Debtor(s):
Diana Christina Peraza Pro Se
Defendant(s):
Diana Christina Peraza Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
Docket 12
Debtor paid final fee installment payments. Hearing is vacated. No appearances are required on 10/2/18.
Debtor(s):
Kesha L Reed Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 36
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
2:30 PM
Docket 28
Sustain creditor's objection to paragraph 5 of the Kaufler declaration, but overrule its objection to paragraphs 6-7 of the declaration.
Sustain creditor's objections to paragraphs 13, 25, 26, 27, 37 and 38 of the Ng Tien Nguyen declaration, but overrule its objections to paragraphs 10, 11, 15, 16, 17, 18, 20, 21, 22, 24 and 35 of the declaration.
Sustain creditor's objections to paragraphs 11, 12, 15, 16 and 17 of the Yau declaration.
Grant debtor's motion for relief from judgment for the reasons stated in the moving papers that excusable neglect is shown under FRBP 9024 and FRCP 60(b)(1) to warrant relief in that while there may be some danger of prejudice to the nonmovant, the prejudice is minimal in light of nonmovant creditor being able to prove its involuntary petition on the merits and the short delay attendant to that, the length of movant's delay and potential impact on judicial proceedings is minimal in light of movant's filing and service of its answer to the involuntary petition on the day that nonmovant creditor filed its request for an order for relief on default and the court entered its order for relief and of nonmovant creditor's being able to prove its case for relief, the reason for delay was due to movant's lack of resources domestically to retain counsel for which it had already discussed representation and who had contacted nonmovant creditor's counsel about retention, and movant acted in good faith in trying to retain counsel promptly in light of its alleged lack of notice and lack of funds domestically to serve and file its answer on time and that its papers indicates colorable defenses to the involuntary petition. In re Rebel Rents, Inc., 326 B.R. 791, 799 (Bankr. C.D. Cal. 2005), citing, Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 395
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(1993). The court also considers the general judicial policy to consider contested matters on the merits rather than on default basis. No tentative ruling on movant's claimed defenses as the court reserves ruling on those defenses until the appropriate hearing. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
2:30 PM
Docket 12
Treat as a contested matter under Federal Rule of Bankruptcy Procedure 9014 and set an evidentiary hearing on the motion to avoid lien since there are disputed issues of material fact for trial, i.e., valuation of the subject property. Creditor is an entity and must be represented by counsel as required by Local Bankruptcy Rule 9011-2. The court will not allow creditor's insider to represent the entity and will strike creditor's response and enter default if creditor does not promptly retain counsel to represent it. Moreover, creditor's valuation opinion must be under a declaration under penalty of perjury by a qualified expert witness who sets forth his valuation analysis in accordance with scientifically validated appraisal methodology, such as a sales comparable analysis. Appearances are required on 10/2/18.
Debtor(s):
Ulis Perez Avina Represented By
Michelle A Marchisotto
Joint Debtor(s):
Marina Alexandra Reyes Represented By
Michelle A Marchisotto
Trustee(s):
Peter J Mastan (TR) Pro Se
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#1.00 Order to Show Cause Why (1) Debtor's Chapter 11 Bankruptcy Case Should not be Dismissed for Failure to Appear at the August 1, 2018 Post Confirmation Status Conference and (2) Debtor Should not be Sanctioned $100 for Failure to Appear
Docket 420
The court has reviewed debtor's response to the order to show cause and is inclined to discharge (or withdraw) the order to show cause. Appearances are required on 10/3/18.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 203
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone
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appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self-
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represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on 9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on 12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13. Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
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Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service.
Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed
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debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status
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conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
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Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 2375
Off calendar. Continued by stipulation and order to 11/7/18 at 11:00 a.m. No appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 409
- NONE LISTED -
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli
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Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Movant(s):
Douglas Chrismas Pro Se Ace Gallery New York Corporation, Pro Se ACE MUSEUM, a California Pro Se
ACE MUSEUM, a California Pro Se Ace Gallery New York Corporation, Pro Se
ACE MUSEUM, a California Represented By Alan W Forsley
Ace Gallery New York Corporation, Pro Se ACE MUSEUM, a California Pro Se
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
11:00 AM
Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
11:00 AM
Docket 140
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
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Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the
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current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene
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Movant(s):
Kurt Ramlo Paul J Kurtzhall
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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fr. 4/25/18, 5/29/18, 8/1/18
Docket 482
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the
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hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits.
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Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 479
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
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Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649
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(S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues
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the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
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Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
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Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow
11:00 AM
Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
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Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
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Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation
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and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement
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and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by
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telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
11:00 AM
fr. 4/25/18, 8/1/18
Docket 68
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
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Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
fr. 9/12/18
Docket 232
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling. Deny without prejudice for lack of sufficient notice since not all creditors on the case mailing matrix were served as required by FRBP 9019, 2002 and 9013, including AEC Logistics Corp., BMW Financial Services NA, LLC, Flacco Truck Repair, Internal Revenue Service, Los Angeles County Treasurer and Tax Collector, Nissan and Wells Fargo Financial Leasning Inc., and some creditors were served, but not at all addresses indicated on the mailing matrix. Debtor needs to serve creditors at all of the addresses indicated on the mailing matrix, absent an adequate evidentiary showing that its service list is completely accurate.
The court agrees with debtor that the creditors opposing the motion have not addressed the factors in In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986), that is, the probability of success in the litigation, the difficulties, if any, to be encouraged in the matter of collection, the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it and the paramount interest of the creditors and a proper deference to their reasonable views. The objecting creditors merely argue that without discovery, it is premature and not reasonable to evaluate the settlement at this time, and the settlement presents negligible and/or insignificant benefit to the creditors as a whole. These arguments do not address the arguments raised by the motion that the settlement is fair and equitable, given the hazards and cost of the litigation and that the settlement provides value to the estate, which has not been shown to be greater otherwise if the case is not settled, that is, the objecting creditors have not shown that there would be any greater benefit to the estate and creditors through litigation. Saying the
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settlement is of negligible and/or insignificant benefit does not show that there is a better alternative.
Appearances are required on 9/12/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 250
No tentative ruling as of 10/2/18. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 237
Updated tentative ruling as of 10/2/18. Sustain debtor's evidentiary objections to paragraph 7 of the declaration of Gregory S. Kim, and overrule the remaining objections. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
fr. 7/18/18, 9/19/18
Docket 217
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances
11:00 AM
are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18, 9/19/18
Docket 13
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
11:00 AM
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See
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Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18, 9/19/18
Docket 44
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
11:00 AM
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18, 9/19/18
Docket 43
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
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Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
11:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 6/19/18, 7/18/18, 9/19/18
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
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Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
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Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
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fr. 7/31/18, 8/7/18, 9/11/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for
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reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido
West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The
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Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court
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after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
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fr. 7/31/18, 8/7/18, 9/11/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease
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assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido
West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th
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Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action
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against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:00 AM
Docket 67
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in
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some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion.
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Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
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Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
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Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 15
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
28 U.S.C. § 1452(b) provides that "[t]he court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground." 28 U.S.C. § 1452(b). This standard is "an unusually broad grant of authority" which allows for remand for reasons beyond those typical of non-bankruptcy removal statutes. In re McCarthy, 230 B.R. 414, 417 (9th Cir. BAP 1999). Bankruptcy courts may consider up to fourteen factors in deciding whether to remand an action to the non-bankruptcy forum pursuant to 28 U.S.C. § 1452(b). In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n.18 (9th Cir. BAP 2009), citing In re Enron Corp., 296 B.R. 505, 508 n.2 (C.D. Cal. 2003); In re Cytodyn of New Mexico, Inc., 374 B.R. 733, 738 (Bankr. C.D. Cal. 2007). The fourteen equitable remand factors are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor remand. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re
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Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988);see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The removed Landlord’s unlawful detainer action and Debtor’s breach of lease action concern the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations will be dependent on the outcome of these actions.
The extent to which state law issues predominate over bankruptcy issues. This factor favors remand because the removed unlawful detainer and breach of lease actions were initially filed in state court and are based on state law claims, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to these state law claims.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the removed actions do not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors remand because both removed actions were filed in state court and a trial date was set in the unlawful detainer action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors remand because the removed actions are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding
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relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Both removed actions could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor remand because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors remand. While arguably state law contract claims fall within the catch-all provisions of 28 U.S.C. § 157(b)(2)(O) to be considered "non- core" related proceedings under 11 U.S.C. § 157(c), In re Castlerock Properties, 781 F.2d 159, 162 (9th Cir. 1986), the removed actions as stated above are noncore. However, as also noted above, the outcome of the removed actions which are related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor remand because the state law claims and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors remand because arguably, Debtor is engaging in forum shopping because that it removed the actions from state court to this court after a trial was set in state court in Landlord’s unlawful detainer action.
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The existence of a right to a jury trial. This factor is mixed, but on the whole does not favor remand. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, but Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor remand since Debtor and Landlord are the only parties involved in these actions.
Comity. This factor favors remand. Allowing state courts to adjudicate state law claims, as the Ninth Circuit Bankruptcy Appellate Panel has indicated that "[n]eedless decisions of state law by federal courts should be avoided as a matter of comity . . . in order to procure for the litigants ‘a surer- footed reading of applicable law.’" In re Casamont Investors, Ltd., 196 B.R. 517, 524 (9th Cir. BAP 1996), citing United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
The possibility of prejudice to other parties in the action. This factor does not favor remand. There will be no prejudice to other parties because the issues relating to the lease in both actions can be litigated in the bankruptcy court.
In weighing the various equitable remand factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the claims will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed actions and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
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Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Represented By Carl Grumer Ivan L Kallick
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
11:00 AM
Adv#: 2:18-01236 8800 LLC v. TMC Realty, L.L.C.
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Martin J Brill Jeffrey S Kwong David B Golubchik
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Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 12
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
28 U.S.C. § 1452(b) provides that "[t]he court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground." 28 U.S.C. § 1452(b). This standard is "an unusually broad grant of authority" which allows for remand for reasons beyond those typical of non-bankruptcy removal statutes. In re McCarthy, 230 B.R. 414, 417 (9th Cir. BAP 1999). Bankruptcy courts may consider up to fourteen factors in deciding whether to remand an action to the non-bankruptcy forum pursuant to 28 U.S.C. § 1452(b). In re Cedar Funding, Inc., 419 B.R. 807, 820-821 and n.18 (9th Cir. BAP 2009), citing In re Enron Corp., 296 B.R. 505, 508 n.2 (C.D. Cal. 2003); In re Cytodyn of New Mexico, Inc., 374 B.R. 733, 738 (Bankr. C.D. Cal. 2007). The fourteen equitable remand factors are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor remand. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re
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Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988);see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The removed Landlord’s unlawful detainer action and Debtor’s breach of lease action concern the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations will be dependent on the outcome of these actions.
The extent to which state law issues predominate over bankruptcy issues. This factor favors remand because the removed unlawful detainer and breach of lease actions were initially filed in state court and are based on state law claims, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to these state law claims.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the removed actions do not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors remand because both removed actions were filed in state court and a trial date was set in the unlawful detainer action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors remand because the removed actions are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding
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relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Both removed actions could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor remand because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors remand. While arguably state law contract claims fall within the catch-all provisions of 28 U.S.C. § 157(b)(2)(O) to be considered "non- core" related proceedings under 11 U.S.C. § 157(c), In re Castlerock Properties, 781 F.2d 159, 162 (9th Cir. 1986), the removed actions as stated above are noncore. However, as also noted above, the outcome of the removed actions which are related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor remand because the state law claims and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors remand because arguably, Debtor is engaging in forum shopping because that it removed the actions from state court to this court after a trial was set in state court in Landlord’s unlawful detainer action.
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The existence of a right to a jury trial. This factor is mixed, but on the whole does not favor remand. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, but Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor remand since Debtor and Landlord are the only parties involved in these actions.
Comity. This factor favors remand. Allowing state courts to adjudicate state law claims, as the Ninth Circuit Bankruptcy Appellate Panel has indicated that "[n]eedless decisions of state law by federal courts should be avoided as a matter of comity . . . in order to procure for the litigants ‘a surer- footed reading of applicable law.’" In re Casamont Investors, Ltd., 196 B.R. 517, 524 (9th Cir. BAP 1996), citing United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
The possibility of prejudice to other parties in the action. This factor does not favor remand. There will be no prejudice to other parties because the issues relating to the lease in both actions can be litigated in the bankruptcy court.
In weighing the various equitable remand factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the claims will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed actions and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
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Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Represented By Carl Grumer Ivan L Kallick
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Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
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Docket 1
Updated tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Prior tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
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Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Prior tentative ruling as of 1/23/17. Off calendar. The court continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 11/28/16. Off calendar. The court continues the status conference on its own motion to 1/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/25/17. No appearances are required on 11/30/16.
Prior tentative ruling as of 10/24/16. Off calendar. The court continues the status conference on its own motion to 11/29/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 11/29/16. No appearances are required on 10/26/16.
Prior tentative ruling as of 9/26/16. Off calendar. The court has reviewed
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debtor's status report and continues the status conference on its own motion to 10/26/16 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/26/16. No appearances are required on 9/27/16.
Prior tentative ruling as of 7/25/16. Appearances are required on 7/27/16, but counsel may appear by telephone.
Updated tentative ruling as of 1/12/16. The court has reviewed debtor's status report. Appearances are required on 1/13/16, but counsel may appear by telephone.
No updated tentative ruling as of 9/8/15. Appearances are required on 9/9/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/6/15. No tentative ruling on the merits. Appearances are required on 7/8/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/30/15. Appearances required on 3/31/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/29/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 10/1/14, but counsel may appear by telephone.
Updated tentative ruling as of 6/16/14. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 6/18/14, but counsel may appear by telephone.
Prior tentative ruling as of 2/17/14. No tentative ruling on the merits. Appearances are required on 2/19/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may
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appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
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Docket 1
Updated tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling. The status conference is continued to October 3, 2018 at 11:00 a.m. pursuant to Mr. Aver's ex parte motion (Docket No. 36) and the order entered on September 18, 2018.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 4/3/18, 4/10/18, 8/8/18
Docket 362
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
No tentative ruling as of 4/9/18. Appearances are required on 4/10/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/30/18, 5/1/18, 8/8/18
Docket 351
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the
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parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 1/30/18, 5/1/18, 8/8/18
Docket 1
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Plaintiff filed a motion for leave to file a further amended complaint, so the case may not be at issue until the motion is resolved. The motion is not noticed for hearing, but defendant to comment whether she opposes the motion. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits.
1:30 PM
Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
1:30 PM
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 1/30/18, 5/1/18, 8/8/18
Docket 1
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/6/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
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Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court
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proceedings, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court notes procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
fr. 5/22/18, 7/27/18
Docket 20
Updated tentative ruling as of 10/1/18. Off calendar. Continued by stipulation and order to 1/17/19 at 9:00 a.m. No appearances are required on 10/4/18.
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
9:00 AM
Adv#: 2:17-01571 Porter v. Navient U.S. Department of Education Loan Servicin
Docket 1
Updated tentative ruling as of 10/1/18. No tentative ruling will be issued for trial. Appearances are required on 10/4/18.
Prior tentative ruling as of 9/17/18. By order filed on 9/13/18, the joint pretrial stipulation was approved, and the trial is set for 10/4/18 at 9:00 a.m. At the pretrial conference, the parties may raise concerns regarding the joint pretrial stipulation and the trial setting order. Appearances are required on 9/18/18.
Prior tentative ruling as of 4/9/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 2/12/18. Appearances are required on 2/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Debtor(s):
Jarrod Cornelius Porter Pro Se
Defendant(s):
Navient U.S. Department of Pro Se
Nelnet Pro Se
9:00 AM
Plaintiff(s):
Jarrod Cornelius Porter Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Application for fees and expenses [Heide Kurtz, Chapter 7 Trustee] fr. 9/18/18
Docket 72
Updated tentative ruling as of 10/1/18. No tentative ruling will be issued for trial. Appearances are required on 10/4/18.
Prior tentative ruling. The court is inclined to approve final report and fee application of trustee for reasons stated in the final report, but in light of the objection of Debtor to the final fee application of trustee's counsel, the court will defer a ruling on the final report and fee application of trustee until the court rules on the objection to counsel's fee application. Appearances are required on 9/18/18 to discuss scheduling, but trustee and counsel may appear by telephone.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
1:30 PM
[Levene, Neale, Bender, Yoo & Brill L.L.P., Attorneys for Chapter 7 Trustee] fr. 9/18/18
Docket 68
Updated tentative ruling as of 10/1/18. No tentative ruling will be issued for trial. Appearances are required on 10/4/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and schedule evidentiary hearing on the objections of Debtor to the final fee application of counsel for trustee. Appearances are required on 9/18/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Kirstin A Tidwell Represented By Michele A Dobson
Trustee(s):
Heide Kurtz (TR) Represented By Carmela Pagay Timothy J Yoo
9:00 AM
Docket 28
Updated tentative ruling as of 10/1/18. Off calendar. The parties have informally advised the court that the matter is settled and will be submitting a stipulation and order to resolve the matter. No appearances are required on 10/5/18.
Prior tentative ruling. The court will treat the motion as a contested matter under FRBP 9014 since there are disputed issues of material fact concerning valuation requiring an evidentiary hearing. The parties should be prepared to discuss scheduling of pretrial and trial proceedings. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
10:30 AM
Docket 25
No updated tentative ruling as of 10/5/18. Debtor appeared at the prior hearing to oppose the motion, and the court informed her that she was required to file and serve a written opposition to the motion by 9/25/18, which she has not done. Appearances are required on 10/9/18, but counsel may appear by telephone.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Maribel Proo Represented By
Daniel King
Trustee(s):
10:30 AM
David M Goodrich (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mauro Abel Gelista Jr Represented By Marlin Branstetter
Joint Debtor(s):
Natalie Preciado Molina Represented By Marlin Branstetter
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 13
The motion is deficient because no evidence of valuation was submitted in the moving papers to show the debtor's lack of equity in the subject property. Appearances are required on 10/9/18, but counsel may appear by telephone.
Debtor(s):
Lakisi Saul Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jasmine Wolf Represented By Julie J Villalobos
1:30 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
Docket 1
The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Pro Se
University of Phoenix, Inc. Pro Se
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01252 FCP Brands, Inc. et al v. Choi
Docket 1
Set deadline for expert witness disclosures for both sides of 5/31/19, discovery cutoff date of 6/28/19 for nonexpert witness discovery, discovery cutoff date of 7/31/19 for expert witness discovery, a post-discovery status conference on 8/13/19 at 1:30 p.m., a joint status report is due on 8/6/19, and a dispositive motion hearing cutoff date of 8/28/19. The pretrial conference and deadline for filing the joint pretrial stipulation will be set at the post- discovery status conference. The deadline for lodging proposed findings of fact and conclusions of law will be set for after trial to include citations to trial record. Plaintiff to submit a proposed scheduling order within 7 days of hearing. Appearances are required on 10/9/18 to discuss scheduling and possible referral of dispute to mediation, but counsel may appear by telephone.
Debtor(s):
Johnny Chun Choi Represented By
Desiree Meguerditchian
Defendant(s):
Johnny Chun Choi Pro Se
Joint Debtor(s):
Tae Yi Choi Represented By
Desiree Meguerditchian
Plaintiff(s):
FCP Brands, Inc. Represented By
1:30 PM
Roger F Friedman
MJCK Corporation Represented By Roger F Friedman
Michael Chang Represented By Roger F Friedman
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:18-01257 TRANSPORT FUNDING, LLC v. Salgado
Docket 1
Set discovery cutoff date of 1/31/19 and a post-discovery status conference on 2/12/19 at 1:30 p.m. A joint status report is due on 2/5/19. Appearances are required on 10/9/18 to discuss scheduling, possible waiver of requirement of a pretrial conference and possible referral of dispute to mediation, but counsel may appear by telephone.
Debtor(s):
Jose Antonio Salgado Represented By
Juan Castillo-Onofre
Defendant(s):
Jose Antonio Salgado Pro Se
Joint Debtor(s):
Telma Aida Salgado Represented By
Juan Castillo-Onofre
Plaintiff(s):
TRANSPORT FUNDING, LLC Represented By
Jennifer Witherell Crastz Casey Z Donoyan
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 10/5/18. Appearances are required on 10/9/18.
Debtor(s):
Gregory Thayer Pro Se
1:30 PM
Docket 67
Updated tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss the status of the matter before trial, but counsel may appear by telephone.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel
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decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
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Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
2:00 PM
Adv#: 2:17-01153 Michael C. Lin, Trustee of The Hellion Trust v. Martinez
Docket 1
Updated tentative ruling as of 10/5/18. Off calendar. Continued by stipulation and order to 11/27/18 at 2:00 p.m. No appearances are required on 10/9/18.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By
2:00 PM
Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Michael C. Lin, Trustee of The Represented By Henry D Paloci
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The hearing is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
2:30 PM
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
2:30 PM
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 5/29/18, 8/7/18, 9/11/18
Docket 1
Updated tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended
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complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
#12.00 Cont'd hearing re: Motion to allow and pay administrative expense claims fr. 6/26/18, 7/31/18, 9/4/18
Docket 453
- NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 59
The court is inclined to grant the motion to reclassify and subordinate claim of Greystone Management Group, Inc., but it seems to the court that only the prepetition rent claim is a unsecured general claim against the estate and that the postpetition rent claim is a claim against the debtor personally and not a claim against the estate either as an administrative expense claim because there was no benefit to the estate and as a general unsecured claim because it is not a prepetition claim. Appearances are required on 10/9/18, but counsel may appear by telephone.
Debtor(s):
Alcide J Monroe III Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Joseph Caceres
2:30 PM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
Docket 22
The court is inclined to grant the motion to dismiss in part and deny it in part.
The court intends to grant the motion to dismiss as to relief sought against Mesachi since none of the allegations in the first amended complaint relate to her and this is the second complaint which names her as a defendant, so dismissal should be with prejudice because plaintiff had the opportunity to correct such defect.
The court intends to grant the motion to dismiss as to relief sought which is derivative of NCI since plaintiff lacks standing to assert the rights of NCI, and apparently, only the state court receiver of NCI has standing to do that.
Dismissal should be with prejudice because plaintiff had the opportunity to correct such defect.
The court intends to grant the motion to dismiss as to relief sought for breach of a fiduciary duty under 11 U.S.C. 523(a)(4) because plaintiff has not sufficiently pleaded facts to show that Zargar stood in a fiduciary relationship to plaintiff. Dismissal should be with prejudice because plaintiff had the opportunity to correct such defect.
The court intends to deny the motion to dismiss as to relief sought by plaintiff under 11 U.S.C. 523(a)(2)(A) and (6) because he has standing to assert claims as being fraudulently induced by Zargar's alleged misrepresentations to make capital contributions to NCI, which resulted in personal losses to him. However, the allegations are not specific enough as to the details of the alleged representations and plaintiff's alleged capital contributions, and the court intends to grant the motion at least to require plaintiff to amend and
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make a more definite statement regarding these matters to allege plausible claims under these statutes.
The court has taken in consideration that plaintiff has two pending lawsuits in state court to determine the validity of the debts asserted as nondischargeable in this adversary proceeding, including one lawsuit which has been pending for 6 years and was ready for trial before it was removed and remanded. The court is inclined to allow plaintiff to amend the complaint to make a more definite statement and then stay the proceeding to allow the state court in the two pending lawsuits to render judgments on the validity of the asserted debts.
Appearances are required on 10/9/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
2:30 PM
§ 707(b)(3)(A) and § 707(a) with a refiling bar
Docket 42
No tentative ruling as of 10/5/18. Appearances are required on 10/9/18.
Debtor(s):
Zoila Areli Sanchez Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 152
The motion of United States Trustee to dismiss or convert is based on somewhat technical violations of the bankruptcy rules and United States Trustee guidelines which have been remedied or can readily be remedied, such as lack of sufficient proof of insurance coverage, late filing of monthly operating reports and incomplete payment of quarterly fees. The court is inclined to continue the hearing on the motion to allow short but reasonable period of time to allow debtor to take corrective action to remedy these readily remediable technical violations.
The required corrective action to address the concerns raised in the motion as attested to by the bankruptcy analyst must include:
Proof of insurance coverage, which appears to have been provided now.
Prompt payment of any United States Trustee quarterly fees currently due.
Complete disclosure of all receipts and disbursements by debtor postpetition on her monthly operating reports, which require amendment of her filed reports. Disclosures must include identification of all receipts of family support payments and all disbursements of any and all funds by her postpetition. Debtor in her opposition to the motion indicates that she would file amended reports, but has not yet done so, which calls to mind the adage that actions speak louder than words.
Appropriate use of debtor's DIP bank accounts, including using her general DIP account for most disbursements, and discontinuance of use of the DIP payroll and tax accounts because there does not appear to be a justifiable reason to have these separate DIP accounts apart from the general DIP account.
Discontinuance of debtor's use of a community property joint bank account with the nondebtor spouse.
Timely filing of future monthly operating reports. The court is of the view
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that the previous reports have not been late for long periods of time, but debtor's persistent tardiness in filing her reports indicates a dilatory attitude which goes to show that she lacks sufficient motivation to prosecute this case, which may by itself warrant granting relief requested by the United States Trustee.
No tentative ruling as of 10/5/18. Appearances are required on 10/10/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 158
Tentative rulings on debtor's objections to the declaration of Robert S. Marticello:
Objections ##1-4 - Overrule. The context for these statements in the declaration show that declarant is making the declaration in this case as counsel for a creditor in response to the instant motion to extend plan exclusivity. Having said this, counsel/declarant is admonished to proofread his submissions to the court before filing. See Morten Lund, Jagged Rocks of Wisdom: Professional Advice for the New Attorney (The Fine Print Press, Inc., 2007) at 1-9 ("Rule Number 1: Proofread. Rule Number 2: Proofread
Again "
Objection #5 - Overrule.
Objection #6 - Sustain - lack of personal knowledge, lack of foundation Objection #7 - Overrule
Objection #8 - Sustain - improper opinion
Grant motion in part, deny in part, and extend plan exclusivity by additional 120 days. The court agrees with the observation of the Bankruptcy Appellate Panel in In re Henry Mayo Newhall Memorial Hospital, 282 B.R. 444, 453 (9th Cir. BAP) as pointed out by Creditor Second Generation, Inc., that "a transcendent consideration is whether adjustment of exclusivity will facilitate moving the case forward towards a fair and equitable resolution."
Considering the various standard factors considered by the courts in cases such as Henry Mayo Newhall Memorial Hospital and In re Dow Corning Corp., 208 B.R. 661, 664-665 (Bankr. E.D. Mich. 1997), the court is of the view that extension of exclusivity for a short period of time will facilitate moving the case forward towards a fair and equitable resolution. Although debtor's reasons are somewhat underwhelming, especially its recital of what it has
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done in this case, the court believes on the totality of circumstances of the case at this present stage partial relief is warranted. This is only the second request for extension after a first extension of only four months. Although this case does not involve a complex operating business such as a hospital in Henry Mayo or a manufacturing concern in Dow Corning, there is some complexity here because the uncertain status of debtor's interest in the residence and her personal property interests, including the Ben Lynn Trust worth $1.4 million and amounts owed her by other parties totalling over $1 million. Resolution of the adversary proceeding over what her interest in the real property will have a large impact on the reorganization. Debtor has been involved in discovery and other litigation proceeding with one of her major creditors, Second Generation, Inc. Debtor appears to be paying her bills as they become due, except for a small amount of late paid United States Trustee quarterly fees. It does not appear that debtor is seeking the extension of exclusivity to pressure creditors. Debtor has an unresolved contingency in litigation of an appeal of an adverse judgment in favor of creditor Second Generation, Inc., which she is prosecuting. Debtor has shown that there is some evidence that time for her to negotiate a plan of reorganization and prepare adequate information and that there is some evidence of good faith progress towards reorganization for the reasons stated in her moving and reply papers, but the motion shows weakness because she does not discuss her specific efforts to negotiate a plan of reorganization with her creditors, including Second Generation (whose counsel stated in his declaration that debtor has not made no effort to negotiate with that creditor, his client), and to collect the amounts owed her by other which she stated was about $1 million. Moreover, the motion shows weakness in debtor failing to discuss in her papers as to how her other personal property assets, including her interest in the Ben Lynn Trust listed in her schedules with a value of $1.4 million, can be utilized in a plan of reorganization. The value of these assets are the majority of debtor's assets, even if it is later determined that the residence is community property, which would mean a one-half interest worth $1.8 million would be part of the estate. These circumstances only warrant another 120 days extension of exclusivity and not to the statutory maximum of 18 months after the petition date as requested in the motion. the court is of the view that debtor should have another limited period of time to exclusively propose a plan, which incorporates her efforts to realize value of her personal property assets and to negotiate terms with her creditors, which
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is not really evident in her moving papers which just focus on the one real property asset, the residence, and the litigation with the one creditor, Second Generation.
Appearances are required on 10/10/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 4/3/18, 7/12/18, 8/21/18
Docket 19
Updated tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/10/18.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/21/18.
Prior tentative ruling as of 4/2/18. After reviewing the supplemental papers, the court believes that they are not sufficient to demonstrate the transfer of the subject property was fraudulent, and the court will set a hearing for plaintiff to offer evidence to prove up the fraudulent transfer, such as eyewitness testimony that defendant is continuing to operate his business and otherwise exercise dominion and control over the transferred property to deem it to be his. The court is considering ordering plaintiff to serve defendant with a subpoena to appear at the prove up hearing. Appearances are required on 4/3/18, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18. No appearances are required on 2/13/18.
1:30 PM
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:17-01223 Nextwave Enterprises LLC v. Chu
fr. 4/3/18, 7/12/18, 8/21/18
Docket 1
Updated tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/10/18.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/21/18.
Prior tentative ruling as of 4/2/18. See tentative ruling for matter number 4.
Prior tentative ruling as of 2/12/18. Off calendar. The court on its own motion is continuing the hearing and status conference to 4/3/18 at 1:30 p.m. for plaintiff to file supplemental briefing to demonstrate that the elements of a claim for fraudulent transfer either under state and/or federal law has been met setting forth the factual basis for the court to grant the motion for default judgment on its claims under 11 U.S.C. 523(a)(2)(A) and (a)(6). Plaintiff must file its supplemental brief citing the elements of a fraudulent transfer claim under state and/or federal law and any supplemental evidence showing that all of the elements of a fraudulent transfer claim has been met by 3/13/18.
No appearances are required on 2/13/18.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by
1:30 PM
telephone.
Updated tentative ruling as of 9/11/17. The court has reviewed plaintiff's unilateral status report, again stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment.
Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/5/17. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and that plaintiff is preparing a motion for default judgment. The court on its own motion continues the status conference to 9/12/17 at 1:30 p.m. No appearances are required on 6/6/17.
Debtor(s):
Kyong Don Chu Represented By M Teri Lim
Defendant(s):
Kyong Don Chu Pro Se
Plaintiff(s):
Nextwave Enterprises LLC Represented By Ronald P Slates Jesse Yanco
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:00 AM
fr. 8/23/18, 8/24/18, 9/27/18
Docket 105
Updated tentative ruling as of 10/9/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/11/18.
Prior tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
9:00 AM
Docket 1
Updated tentative ruling as of 10/9/18. No tentative ruling on the merits. Appearances are required on 10/11/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
9:00 AM
Docket 203
No tentative ruling as of 10/9/18. Appearances are required on 10/11/18.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
9:00 AM
Docket 204
No tentative ruling as of 10/9/18. Appearances are required on 10/11/18.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
9:00 AM
fr. 8/24/18, 9/27/18, 10/11/18
Docket 105
Updated tentative ruling as of 10/9/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/12/18 if the hearing is not concluded on 10/11/18.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
9:00 AM
Docket 1
Updated tentative ruling as of 10/9/18. No tentative ruling on the merits. Appearances are required on 10/12/18.
Updated tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. The court on its own motion continues the status conference to be conducted with the hearing on the motion of creditor Second Generation, Inc., to convert the case to Chapter 7 on 6/19/18 at 2:30 p.m. No appearances are required on 6/6/18.
Prior tentative ruling as of 4/17/18. Off calendar. Status conference advanced to 4/18/18 at 11:00 a.m. by prior order. No appearances are required on 4/25/18.
Prior tentative ruling as of 1/12/18. Appearances are required on 1/17/18, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By David B Golubchik
John-Patrick M Fritz
10:30 AM
(Banc of America Funding Corporation Mortgage VS Debtor)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Michael Hargett Represented By Joshua L Sternberg
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Deutsche Bank National Trust Company VS Debtor)
Docket 22
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Angel Pulex Represented By
Thinh V Doan
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Heui Gwan Lee Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(AmeriCredit Financial Services Inc. dba GM Financial VS Debtors)
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ervell Leroy Prodan Represented By Michael E Clark
Joint Debtor(s):
Tanya Prodan Represented By Michael E Clark
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Grant request for extraordinary relief in paragraph 9 for the reasons stated in the moving papers. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Marie S Paquim Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
11:00 AM
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds, And (5) Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h) fr. 10/2/18
Docket 313
No updated tentative ruling as of 10/15/18. Appearances are required on 10/16/18.
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18. Counsel should appear in person.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 5/1/18, 7/10/18, 8/28/18
Docket 1
Updated tentative ruling as of 10/15/18. Off calendar. Continued by
stipulation and order to 1/8/19 at 1:30 p.m. No appearances are required on 10/16/18.
tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Punitive damages; and (6) Attorneys' fees and costs fr. 7/10/18, 7/17/18
Docket 1
Updated tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30
p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
1:30 PM
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
1:30 PM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 7/17/18
Docket 1
Updated tentative ruling as of 10/15/18. Off calendar. Continued to 1/8/19 at 1:30 p.m. based on oral ruling at hearing on motion to dismiss on 10/9/18.
No appearances are required on 10/16/18.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By
1:30 PM
Rosendo Gonzalez
1:30 PM
Adv#: 2:18-01261 McCall v. Yoshihiro
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and plaintiff has noticed his motion for default judgment for hearing on 11/6/18 at 2:30 p.m. In the interest of judicial economy, the court on its own motion continues the status conference to the date and time of the hearing on the motion for default judgment on 11/6/18 at 2:30 p.m. No appearances are required on 10/16/18.
Debtor(s):
Yoshihiro Ishii Represented By Irwin M Friedman
Defendant(s):
Ishii Yoshihiro Pro Se
Plaintiff(s):
Patrick A. McCall Represented By Richard G Heston
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
fr. 2/7/18, 3/5/18, 4/10/18
Docket 118
Updated tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 4/17/18, 7/31/18, 8/28/18
Docket 1
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedure posted online on the court's website.
Prior tentative ruling as of 8/17/18. Off calendar. In light of the pending settlement between the parties in the main bankruptcy case, the court on its own motion continues the pretrial conference to 10/16/18 at 2:00 p.m. No appearances are required on 8/28/18.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Updated tentative ruling as of 9/25/17. Off calendar. Continued by stipulation and order to 11/28/17 at 2:00 p.m. No appearances are required on 9/26/17.
Prior tentative ruling as of 6/26/17. Off calendar. Continued by stipulation and order to 8/29/17 at 2:00 p.m. No appearances are required on 6/27/17.
Prior tentative ruling as of 3/20/17. Off calendar. Continued by stipulation and order to 4/25/17 at 2:00 p.m. No appearances are required on 3/21/17.
Prior tentative ruling. The court has reviewed the joint status report. No
2:00 PM
tentative ruling on the merits. Appearances are required on 1/20/15, but counsel may appear by telephone.
Debtor(s):
Peter James Eichler Jr Represented By Christian T Kim James A Dumas Jr Miri Kim Wakuta
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Adv#: 2:16-01388 Patton et al v. Bishop, Sr
Docket 147
Off calendar. Continued to 11/13/18 at 2:00 p.m. on the court's own motion
by order entered on 10/11/18. No appearances are required on 10/17/18.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Thomas Patton Pro Se
Audrey Patton Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 40
Grant in part and deny in part defendants' motion to strike as follows: (1) grant motion to strike paragraph 15 and State Bar Decision Exhibit since there is no possible relation of the allegations in paragraph 15 and the exhibit to the claim pleaded and the allegations may cause prejudice to defendant Curtis as impertinent matter, putting her in an unfavorable light, Carolina Casualty Insurance Co. v. Oahu Air Conditioning Service, Inc., 994 F.Supp.2d 1082 (E.D. Cal. 2014); (2) grant motion to strike the so-called "reservation of rights" allegations because such allegations are redundant of rights already preserved in the Federal Rules of Civil Procedure and Federal Rules of Bankruptcy Procedure, Solis v. Couturier, 2009 WL 2022343 (E.D. Cal.
2009); (3) deny motion to strike punitive damages allegations since a motion to strike under Federal Rule of Civil Procedure 12(f) is not a proper way for defendants to seek dismissal of a claim based on their dispute with plaintiff's factual allegations, asserting that it was really plaintiff which allegedly pilfered lumber, Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970,973-975 (9th Cir. 2010). Appearances are required on 10/16/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
2:30 PM
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 38
Deny defendants' motion to dismiss for failure to state a claim upon which relief can be granted as follows: (1) deny motion to dismiss as to claim under 11 U.S.C. 502(b) because debtor may object to the validity of defendant's secured claim based on her alleged mechanic's lien under 11 U.S.C. 502 and 506(a) and (d); (2) deny motion to dismiss as to remaining claims since they are sufficiently pleaded, plausible claims (the court agrees with the opposition that the litigation privilege of California Civil Code Section 47 is inapplicable since the lien was not uttered in the context of litigation and a cognizable claim is alleged that no moneys were owed on account of the asserted obligation). Appearances are required on 10/16/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
2:30 PM
David B Golubchik
2:30 PM
Docket 13
Deny creditors' motion to extend time to file discharge/debt dischargeability actions under FRBP 4004 and 4007. Creditors' moving and reply papers are not supported by evidence, such as declarations under penalty of perjury, as required by Local Bankruptcy Rule 9013-1(c)(3) and (i), and creditors' reply was filed late after the deadline of 7 days before the hearing and will not be considered pursuant to Local Bankruptcy Rule 9013-1(g) without good cause shown to excuse the late filing. Debtor's opposition to the motion was filed on 9/21/18, more than 21 days before the noticed hearing on 10/16/18, and creditors had until 10/9/18, 7 days before the hearing to file and serve their reply, which was 18 days after service of the opposition and notice of hearing, including electronic and mail service. While creditors' motion to extend time was timely filed, both Federal Rules of Bankruptcy Procedure 4004 and 4007 require a showing of cause, and creditors' moving papers fail to demonstrate adequate cause. Creditors' statement of cause in their moving papers, "Movants will need additional time to review Debtor's case to investigate the veracity and completeness of the Debtor's Petition, Schedules, Statement of Financial Affairs, and testimony given at the Meeting of Creditors" is vague and nonspecific. There are no details of what action that creditors have done to investigate possible claims of discharge denial and debt dischargeability and why such investigation could not be completed on time. Debtor's petition, schedules and statement of financial affairs were filed on 6/21/18, and creditors had 77 days to investigate Debtor's documents and financial affairs before the filing deadline of 9/7/18. Creditors completely fail to explain why this time was insufficient for them to review Debtor's petition documents, complete their investigation and file timely discharge denial and debt dischargeability claims, such as any complexity involved in this case or their investigation. The evidence in Debtor's declaration that creditors and their counsel failed to attend the meeting of creditors is unrebutted since there is no contrary evidence because creditors have not supported their motion with
2:30 PM
admissible evidence, and the evidence in the record shows that creditors' need to have attended the meeting of creditors before they could file their claims is unsubstantiated. Based on this record, creditors lacked due diligence in conducting their investigation regarding their claims and have failed to demonstrate cause to warrant an extension of time. See In re Inkster, 271 B.R. 213 (10th Cir. BAP 2001)(unpublished opinion).
Appearances are required on 10/16/18, but counsel may appear by telephone.
Debtor(s):
Nicola Santini Represented By Eliza Ghanooni
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 12
Off calendar. The order to show cause is withdrawn and taken off calendar because debtor has made all the required payments. No appearances are required on 10/16/18.
Debtor(s):
Anai E Rodriguez Ayala Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Docket 4
Grant motion of United States Trustee to dismiss for the reasons stated in the moving papers and for lack of timely written opposition as indicated in the statement of non-opposition by debtor. Appearances are optional on 10/16/18, but counsel may appear by telephone.
Debtor(s):
The Meyers Family Trust U/T/A Represented By
Ashley D Posner
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 6
Off calendar. Motion granted by prior order entered on 9/26/18. No appearances are required on 10/16/18.
Debtor(s):
Da'Qunisha Lashawn De Bose Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 118
Revised tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require an evidentiary hearing to resolve. The court will schedule an evidentiary hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a
10:30 AM
plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By
10:30 AM
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
10:30 AM
fr. 8/29/18, 9/19/18
Docket 116
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
10:30 AM
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
Docket 123
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
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Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 409
Deny defendants’ motion to protective order to stay discovery for insufficient showing under Keating v. United States, 45 F.3d 322 (9th Cir. 1995) that a stay of proceedings is justified. While defendant Chrismas might properly invoke a Fifth Amendment self-incrimination privilege in these civil proceedings, the basis for staying these civil proceedings is significantly diminished because he has not been charged with any crime, that is, there is no pending indictment against him and it is not even clear whether there is any pending criminal investigation against him. General Electric Co. v. Liang, 2014 WL 1089264 (C.D. Cal. 2014). A stay of proceedings will be prejudicial to plan agent and the other parties in litigating these proceedings because the matter is being actively litigated, and delay might well make it difficult to litigate due to lapse of witness memories and unavailability of documentary evidence over time and will slow down and impede the efforts of the plan agent to seek recoveries in litigation to pay creditors under the confirmed reorganization plan. While defendant Chrismas may be burdened to invoke the Fifth Amendment privilege in these civil proceedings to avoid testifying or disclosing information which may be used against him in a criminal prosecution, it is permissible to conduct civil proceedings at the same time as a related criminal proceeding in which he may have to invoke the privilege, and indeed, it may be permissible for a trier of fact to draw adverse inferences from the invocation of the Fifth Amendment privilege. Id. Any of Chrismas’ Fifth Amendment concerns can be addressed during discovery through appropriate objections on a question by question basis and through motions in limine why the trier of fact should not be made aware that he invoked the privilege or should not draw an adverse inference that he has
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invoked the privilege. Id. The factor of convenience of the court and judicial efficiency weighs against a stay here because the court has an interest in clearing its docket, particularly here where there is no pending indictment and no way to predict when a criminal investigation will end. The court is unaware of any nonparties whose interests would be affected by the court’s decision on granting a stay or not. The factor of interest of the public is neutral because while there is a public interest in ensuring that the criminal process is not undermined by civil proceedings, there is a public interest in speedy resolution of a plaintiff’s civil claim. Id. On balance, given the lack of a criminal indictment or any information concerning the status or scope of a criminal investigation, the various Keating factors weigh against granting a stay of proceedings here.
Deny alternative motion of counsel for defendants Ace Museum and Ace Gallery New York to withdraw. Since the court is not granting plan agent’s request to appoint counsel as the agent for these defendants to respond to discovery, there is no risk of engaging in making disclosures that might incriminate their other client, defendant Chrismas, whom they represent in a personal capacity.
Appearances are required on 10/17/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Shirley Holst Represented By
Susan I Montgomery
11:00 AM
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Movant(s):
Douglas Chrismas Pro Se Ace Gallery New York Corporation, Pro Se ACE MUSEUM, a California Pro Se
ACE MUSEUM, a California Pro Se Ace Gallery New York Corporation, Pro Se
ACE MUSEUM, a California Represented By Alan W Forsley
Ace Gallery New York Corporation, Pro Se ACE MUSEUM, a California Pro Se
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York Corporation, Represented By
Alan W Forsley
11:00 AM
Douglas Chrismas Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 432
Grant motion to compel discovery in part and deny in part. Order defendant Chrismas to execute IRS Forms 4506 to release tax returns of defendants Ace Museum and Ace Gallery New York within 10 days since that request is not opposed by defendants and he may be ordered to sign a consent directive to release tax returns. Order defendants Ace Museum and Ace Gallery New York to produce documents in response to plan agent’s document production requests within 30 days since defendants do not oppose production of non-privileged documents, but defendants must produce a privilege log if they withhold documents from production to plan agent based on privilege. Order each of defendants Ace Museum and Ace Gallery New York to take action, including appointing an agent, if they can, to fully respond to plan agent’s written interrogatories and requests for admission within 30 days, or provide statements under penalty of perjury that it cannot answer because of the Fifth Amendment privilege asserted by the only knowledgeable person or persons and there is no person who can serve as an agent who could gather and obtain from books, records, other officers or employees, or other sources, the information necessary to answer the interrogatories and requests for admission and sign them on behalf of each defendant without risking self-incrimination. City of Chicago v. Reliable Truck Parts Co., Inc., 1992 WL 109049 (N.D. Ill. 1992), objections overruled, 1992
WL 142630 (N.D. Ill. 1992), on remand from, 768 F.Supp. 642 (N.D. Ill.
1991). While counsel for defendants in his declaration described efforts to find a person to serve as an agent for defendants in lieu of defendant Chrismas who claims his Fifth Amendment privilege against self-incrimination
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to respond to the plan agent’s discovery, including former accountant Gary Mendelson, former bookkeeper Shirley Holst and defendant Chrismas’s wife, Jennifer Kellen, the declaration is inadequate because there is no evidence of a statement under penalty of perjury from each defendant that as to each written interrogatory and each request for admission, it cannot answer because of the Fifth Amendment privilege assert by the only knowledgeable person or person and that despite diligent efforts, an appropriate agent who could gather and obtain from books, records, other officers or employees, or other sources, the information necessary to answer the interrogatories and requests for admission and sign them on behalf of each defendant cannot be found. The court declines to grant the plan agent’s request to order the appointment of agents for defendants Ace Museum and Ace Gallery New York because it does not appear that any of the suggested persons can be compelled to serve, that is, Mendelson and Holst are former employees, Kellen as Chrismas’s wife probably has the marital privilege and counsel for defendants have not been shown to have authority to act as agents to respond to discovery aside from their ethical concerns about restrictions on attorneys giving testimony in cases representing clients, California Rule of Professional Conduct 5-720, see also, 2 O’Connell and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, paragraph 11:1170 (2018). While it may be proper for counsel to serve as an agent for purposes of responding to discovery, the plan agent cites no authority showing that the court can compel counsel to so act. The court reserves ruling on whether or not defendants’ responses to plan agent’s discovery requests are adequate until after defendants have had an opportunity to comply with the court’s rulings compelling further responses as set forth in this tentative ruling, and thus, determines that it is premature to rule on the plan agent’s request for terminating sanctions at this time.
Appearances are required on 10/17/18.
Debtor(s):
Art and Architecture Books of the Represented By
11:00 AM
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson
11:00 AM
Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 1
Off calendar. The status conference is moot because the case was dismissed. No appearances are necessary.
Debtor(s):
Morningside, LLC Represented By Moises S Bardavid
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 78
Grant debtor's motion to extend time to assume or reject leases for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 10/17/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 77
Grant debtor's motion to extend plan exclusivity periods for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are optional on 10/17/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
fr. 10/10/18
Docket 152
Updated tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling. The motion of United States Trustee to dismiss or convert is based on somewhat technical violations of the bankruptcy rules and United States Trustee guidelines which have been remedied or can readily be remedied, such as lack of sufficient proof of insurance coverage, late filing of monthly operating reports and incomplete payment of quarterly fees. The court is inclined to continue the hearing on the motion to allow short but reasonable period of time to allow debtor to take corrective action to remedy these readily remediable technical violations.
The required corrective action to address the concerns raised in the motion as attested to by the bankruptcy analyst must include:
Proof of insurance coverage, which appears to have been provided now.
Prompt payment of any United States Trustee quarterly fees currently due.
Complete disclosure of all receipts and disbursements by debtor postpetition on her monthly operating reports, which require amendment of her filed reports. Disclosures must include identification of all receipts of family support payments and all disbursements of any and all funds by her postpetition. Debtor in her opposition to the motion indicates that she would file amended reports, but has not yet done so, which calls to mind the adage that actions speak louder than words.
Appropriate use of debtor's DIP bank accounts, including using her general DIP account for most disbursements, and discontinuance of use of
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the DIP payroll and tax accounts because there does not appear to be a justifiable reason to have these separate DIP accounts apart from the general DIP account.
Discontinuance of debtor's use of a community property joint bank account with the nondebtor spouse.
Timely filing of future monthly operating reports. The court is of the view that the previous reports have not been late for long periods of time, but debtor's persistent tardiness in filing her reports indicates a dilatory attitude which goes to show that she lacks sufficient motivation to prosecute this case, which may by itself warrant granting relief requested by the United States Trustee.
No tentative ruling as of 10/5/18. Appearances are required on 10/10/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
Adv#: 2:17-01523 Andersen v. Navient Solutions LLC
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order entered on 9/6/18. No appearances are necessary.
Debtor(s):
Amber Andersen Represented By John D Faucher
Defendant(s):
Navient Solutions LLC Represented By Robert S Lampl
Plaintiff(s):
Amber Andersen Represented By John D Faucher
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 32
Off calendar. Motion resolved by stipulation and order. No appearances are necessary.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Deutsche Bank National Trust Represented By Kelly M Raftery
10:30 AM
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Casey Jon Schein Represented By David H Chung
Joint Debtor(s):
Diana Marie Schein Represented By David H Chung
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived. Appearances are required on 10/23/18 in light of debtor's response to the motion, but counsel may appear by telephone.
Debtor(s):
J Pamela Corradi Pro Se
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jennifer Mae Spishak Represented By Mark J Markus
Movant(s):
The Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Authorizing And Approving The Payment Of Certain Claims From Sale Proceeds, And (5) Waiving The Fourteen-Day Stay Period Set Forth In Bankruptcy Rule 6004(h) fr. 10/2/18, 10/16/18
Docket 313
No updated tentative ruling as of 10/23/18. Appearances are required on 10/23/18, but counsel may appear by telephone.
No updated tentative ruling as of 10/15/18. Appearances are required on 10/16/18.
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18. Counsel should appear in person.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 7/10/18, 8/21/18, 10/23/18
Docket 1
Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se
1:30 PM
Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:17-01201 Hanin Federal Credit Union v. Cha
fr. 1/30/18, 6/5/18, 9/11/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order by reason of settlement. No appearances are necessary.
Debtor(s):
Jong Kyu Cha Represented By Jisoo Hwang
Defendant(s):
Jong Kyu Cha Pro Se
Plaintiff(s):
Hanin Federal Credit Union Represented By Jiyoung Kym Jiyoung Kym
Trustee(s):
Richard K Diamond (TR) Pro Se
1:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
fr. 1/16/18, 4/17/18, 7/31/18
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The status conference will be conducted on the 2:30 p.m. calendar with the hearing on plaintiff's motion for default judgment. Appearances are required at 2:30 p.m., not 1:30 p.m. No tentative ruling on the merits.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/24/17, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
Defendant(s):
Hye Jung Oh Pro Se
1:30 PM
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Updated tentative ruling as of 10/22/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Updated tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By
1:30 PM
Todd M Arnold
1:30 PM
Adv#: 2:18-01143 American Express National Bank v. Moghadam
Docket 1
Off calendar. Default judgment entered. No appearances are necessary.
Debtor(s):
Masoud Fallah Moghadam Pro Se
Defendant(s):
Masoud Fallah Moghadam Pro Se
Plaintiff(s):
American Express National Bank Represented By
Dennis Winters
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:18-01270 Malko v. PMI Mortgage Insurance Co.
Docket 1
Off calendar. Adversary proceeding voluntarily dismissed by notice filed on 10/9/18. No appearances are necessary.
Debtor(s):
Marina Malko Represented By
Gary G Barsegian - INACTIVE -
Defendant(s):
PMI Mortgage Insurance Co. Pro Se
Plaintiff(s):
Marina Malko Represented By Keith S Dobbins
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
fr. 10/2/18
Docket 36
Revised tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18.
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Docket 31
No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Docket 10
Updated tentative ruling as of 10/22/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 10/23/18.
No tentative ruling as of 9/10/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 9/11/18.
Debtor(s):
John Donald Marshall Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:18-01269 Smith v. Charter Communications Company Inc et al
Docket 1
Set discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/12/19 at 1:30 p.m. A joint status report is due on 3/5/19. Order the matter to mediation and the parties to select a mediator and an alternate by 11/30/18.
Appearances are required on 10/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Vyronica Lee Smith Pro Se
Defendant(s):
Charter Communications Company Pro Se DOES 1 to 10 Inclusive Pro Se
Plaintiff(s):
Vyronica Lee Smith Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Joseph Flores-Beauchamp, Trustee Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 2/6/18, 4/24/18, 5/29/18
Docket 1
Updated tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 1/8/19 at 2:00 p.m. No appearances are required on 10/23/18.
Prior tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to
2:00 PM
withdraw the reference). Plaintiff's potential postpetition transfer claims are core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
2:00 PM
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:18-01111 Reynoza-Fonseca v. Ruiz
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Defendant(s):
Rossby Ruiz Pro Se
Plaintiff(s):
Ageda Reynoza-Fonseca Represented By Steven J Shapero
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 10/3/17, 12/5/17, 7/17/18
Docket 1
Updated tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
2:00 PM
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
2:30 PM
Docket 120
Grant trustee's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 10/23/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Henry Isaac Bushkin Represented By Leslie A Cohen
Trustee(s):
David A Gill (TR) Represented By Eric P Israel
George E Schulman Kevin Meek
Aaron E de Leest
Diane C Weil (TR) Represented By Eric P Israel Aaron E de Leest
2:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
fr. 9/4/18
Docket 54
Off calendar. The court determines that oral argument is not necessary, dispenses with it, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 10/23/18.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Represented By
Jeffrey S Shinbrot
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell Howard Kollitz Zev Shechtman
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz
2:30 PM
Walter K Oetzell Zev Shechtman
2:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
Docket 64
Off calendar. The court determines that oral argument is not necessary, dispenses with it, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 10/23/18.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Represented By
Jeffrey S Shinbrot
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell Howard Kollitz Zev Shechtman Sonia Singh
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz
2:30 PM
Walter K Oetzell Zev Shechtman
2:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 42
Deny defendant's motion to set aside default judgment for the reasons stated in the opposing papers. As shown in the opposing papers, plaintiff will be prejudiced by further delay in administration of the estate if he has to litigate the adversary proceeding where there is no defense to the claim asserted in the complaint, namely, defendant willfully removed and concealed property of the estate, namely postpetition rents on the estate's real property, especially in the light of the court's turnover over in December 2017, defendant lacks a meritorious defense to the claim in the complaint since he failed to turnover the postpetition rents as he was required to do under the Bankruptcy Code and the court's turnover order and defendant's culpable conduct led to his default that he failed to timely respond to the complaint after the last extension to respond expired. Falk v. Allen, 739 F.2d 461, 463 (9th Cir.
1984). Appearances are required on 10/23/18, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh
Defendant(s):
Wladimir John Klimenko Represented By James Studer
Plaintiff(s):
Rosendo Gonzalez Represented By
2:30 PM
Trustee(s):
D Edward Hays Laila Masud
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Adv#: 2:17-01556 Gonzalez v. Klimenko
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed plaintiff's unilateral status report. As alternatively suggested by plaintiff, the court on its own motion continues the status conference to 10/23/18 at 2:30
p.m. to be conducted with the hearing on defendant's motion to set aside default. Plaintiff to give notice to defendant. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 9/18/18 at 1:30
p.m. in light of plaintiff's pending motion for default judgment. No appearances are required on 7/31/18.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh Michael Jay Berger
Defendant(s):
Wladimir John Klimenko Pro Se
2:30 PM
Plaintiff(s):
Rosendo Gonzalez Represented By
D Edward Hays
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Docket 170
Approve interim fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/23/18, but trustee and applicants may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Docket 257
Off calendar. Continued by stipulation and order to 11/27/18 at 2:30 p.m. No
appearances required on 10/23/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 258
Off calendar. Continued by stipulation and order to 11/27/18 at 2:30 p.m. No
appearances required on 10/23/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 259
Off calendar. Claim withdrawn by creditor by notice filed on 10/1/18. No appearances required on 10/23/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 260
Grant trustee's motion objecting to claim of John C. Frick for the reasons stated in the moving papers and for lack of timely written opposition in that the claim is for postpetition professional services to debtor then in possession by a professional whose employment was not authorized by the court pursuant to the Bankruptcy Code. The court notes that while claimant filed a notice of withdrawal on 10/19/18 after the objection was filed, claimant filed a notice of lodgment of civil judgment and notice of lien, which appears to be an amended secured claim.
Appearances are required on 10/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
Docket 38
Revised tentative ruling as of 10/22/18. Grant in part and deny in part defendants' motion to dismiss plaintiff's first amended complaint as follows:
Deny motion to dismiss the first claim for relief as to the allegation that none of the defendants has a lien on the property pursuant to the original deed of trust or otherwise, but grant motion to dismiss with prejudice the first claim for relief as to the other allegations since plaintiff fails to state a plausible claim as to these allegations.
Deny motion to dismiss the second claim for relief because plaintiff states a plausible claim for relief.
Grant motion to dismiss the third claim for relief with prejudice because plaintiff fails to state a plausible claim. The allegations contain the same deficiencies as the original complaint that the alleged acts were not directed to plaintiff or have not occurred, but may be future acts.
Order defendant to serve and file an answer to the undismissed claims of the first amended complaint within 14 days.
Appearances are required on 10/23/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Defendant(s):
Nations Direct Mortgage, LLC Pro Se Mortgage Electronic Registration Represented By
Christopher O Rivas
Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Represented By
Christopher O Rivas
PennyMac Corp. Represented By Christopher O Rivas
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
Docket 41
Revised tentative ruling as of 10/22/18. Deny defendants' motion to strike plaintiff's first amended complaint because the grounds are more the proper subject of defendants' motion to dismiss, which the court has tentatively ruled upon and addresses the concerns raised by the motion to strike.
Appearances are required on 10/23/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se Mortgage Electronic Registration Represented By
Christopher O Rivas
Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Represented By
Christopher O Rivas
PennyMac Corp. Represented By Christopher O Rivas
Massachusetts Mutual Life Pro Se
2:30 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 4/10/18, 6/5/18, 7/17/18, 10/2/18
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference in light of pending settlement discussions, and the court on its own motion continues the status conference to 10/2/18 at 1:30 p.m. No appearances are required on 7/17/18. Counsel for plaintiff to notify counsel for defendants of the continuance.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
2:30 PM
Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Docket 9
Updated tentative ruling as of 10/22/18. Treat motion to redeem property as a contested matter under FRBP 9014 because there are disputed issues of material fact regarding valuation of the subject property between debtor's valuation of $2,484 and lender's Kelley Blue Book valuation of $7,217. The court will treat the hearing on 10/23/18 as a status and trial setting conference and will set the matter for trial, which should be brief, 1 or 2 hours. The parties are to advise the court whether they will call witnesses for trial.
Presumably, debtor will call herself as a witness, and the lender may have a live witness or may submit on the Kelley Blue Book valuation under FRE 803(17) (if so, debtor should advise whether she objects to lender's KBB valuation). Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Deny debtor's motion to redeem personal property without prejudice because of procedural defects in motion: (1) the property to be redeemed is not listed on Schedules A/B, which lists a 2011 Nissan Versa with 91,000 miles whereas the motion for redemption lists a 2013 Nissan Versa with 81,000 miles (either the car to be redeemed is not listed on the schedules or the schedules are wrong and must be amended - movant needs to explain why the mileage is now less on the subsequently filed motion than on the schedules); (2) the property to be redeemed is not listed on Schedule C as exempt property, 11 U.S.C. 522 and 722, nor is the property shown to be abandoned, 11 U.S.C. 522 and 554; (3) the replacement value opinion of
$2,284 purportedly based on Edmunds.com, apparently unauthenticated hearsay, is not supported by competent admissible evidence of valuation - Craig Stone, the "redemption specialist", has not been shown to be a qualified valuation expert witness, whose valuation is based on scientifically validated valuation principles, and the same is true for debtor as the owner of
2:30 PM
the property, FRE 701, 702, 801 and 901. (The Edmunds.com valuation submitted indicates a private party sale value of $3,466 for a 2013 Nissan Versa in average condition, which may approximate the replacement value of the car.). Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
Laura Palma Represented By
Michael E Clark
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:00 AM
Docket 1
No tentative ruling for the mediation. Appearances are required on 10/24/18.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
11:00 AM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 439
Off calendar. Continued by stipulation and order to 11/7/18 at 11:00 a.m. No
appearances are required on 10/24/18.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus
11:00 AM
Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
11:00 AM
Docket 278
Disallow 7.0 hours out of 19.0 hours on 2/26/18, 3/5/18, 3/6/18, 4/11/18 and 4/25/18 for drafting and redrafting disclosure statement - excessive time on task performed.
Disallow 3.0 hours of 6.0 hours on 2/28/18 for work on third interim fee application - excessive time on task performed.
Disallow 1.0 hours of 2.0 hours on 5/11/18 for preparing confirmation packet and drafting ballot - excessive time on task performed, nonattorney clerical work not billable at attorney rate.
Disallow 0.4 hours of 0.8 hour on 6/11/18 for work on proof of service of plan and disclosure statement and filing same - excessive time on task performed, nonattorney clerical work not billable at attorney rate.
Otherwise, approve remaining fees for the reasons stated in the application and for lack of timely written objection. Appearances are optional on 10/24/18, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Disallow 5.0 hours out of 9.0 hours on 5/25/18, 5/31/18, 6/12/18 and 6/20/18 for drafting plan confirmation brief - excessive time on task performed.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 499
Updated tentative ruling as of 10/22/18. Off calendar. Application withdrawn by notice filed on 9/27/18. No appearances are necessary.
Prior tentative ruling as of 8/27/18. Appearances are required on 8/29/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 1
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
$2,884.39.
fr. 8/28/18
Docket 98
Revised and updated tentative ruling as of 10/22/18 at 5:30 p.m. Off
calendar. Off calendar. Continued to 12/5/18 at 11:00 a.m. by order granting debtor's motion for continuance filed on or about 10/22/18. No appearances are required on 10/24/18.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
Docket 112
Grant debtor's motion for entry of order authorizing use of cash collateral through April 30, 2019 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 10/24/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
fr. 9/19/18
Docket 140
Updated tentative ruling as of 10/22/18. Off calendar. The court determines that oral argument is not necessary, dispenses with it, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 10/24/18.
Prior tentative ruling. The court is issuing an order taking application off calendar for applicant to correct deficiencies and renotice for hearing. No appearances are required on 10/24/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 9/19/18
Docket 144
Updated tentative ruling as of 10/22/18. Off calendar. The court determines that oral argument is not necessary, dispenses with it, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 10/24/18.
Prior tentative ruling. The court is issuing an order taking application off calendar for applicant to correct deficiencies and renotice for hearing. No appearances are required on 10/24/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 103
Off calendar. Continued on the court's own motion by written order to 11/7/18
at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
fr. 8/1/18
Docket 65
Updated tentative ruling as of 10/22/18. Off calendar. The matter was resolved by the court's order entered on 8/28/18. No appearances are necessary.
Prior tentative ruling. Grant debtors' motion objecting to claim in part for the reasons stated in the moving papers, but allow claimant to file an amended proof of claim. Appearances are required on 8/1/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 42
Approve first interim fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/24/18, but trustee and applicant may appear by telephone. Trustee or applicants to submit a proposed order within 7 days of hearing.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
11:00 AM
Docket 6
Updated tentative ruling as of 10/22/18. The court will treat the motion as a contested matter under FRBP 9014 and will set an evidentiary hearing on adequate protection relating to the lien of creditor Camel Financial, Inc. The court will conduct the hearing on 10/24/18 as a status conference, and counsel should prepared to discuss their availability for the evidentiary hearing, which the court estimates that it would take one hour. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 8/24/18.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:30 AM
fr. 5/30/18
Docket 449
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling. Debtor should be prepared to respond to the proposed resolution of the motion set forth in Movant's reply, such as setting a deadline for filing an amended disclosure statement and plan if the property is not sold. Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:30 AM
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17, but counsel may appear by telephone.
Updated tentative ruling as of 12/12/16. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
11:30 AM
Updated tentative ruling as of 10/31/16. Off calendar. The court on its own motion vacates this status conference in light of the pending proceedings regarding the amended disclosure statement for which there are separate hearings at which the status of the case is considered. No appearances are required on 11/3/16.
Updated tentative ruling as of 7/5/16. No tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 7/6/16, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 4/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
No updated tentative ruling as of 12/14/15. Appearances are required on 12/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 6/30/15. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/1/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Prior tentative ruling as of 4/28/15. Appearances are required on 4/29/15, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling as of 4/13/15. Appearances are required on 4/15/15 to
11:30 AM
address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
Movant(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Ruth Elizabeth Dymmel Represented By Robert M Aronson
2:00 PM
Docket 67
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18 to discuss the status of the matter before trial, but counsel may and should appear by telephone.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss the status of the matter before trial, but counsel may appear by telephone.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to
2:00 PM
assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
2:00 PM
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
9:00 AM
Docket 67
Updated tentative ruling as of 10/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/25/18.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably,
9:00 AM
the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent
9:00 AM
for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
9:00 AM
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
9:00 AM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
9:00 AM
Plaintiff(s):
TMC Realty, LLC Pro Se
9:00 AM
fr. 8/7/18, 9/11/18, 10/3/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay
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relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir.
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1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
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The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
9:00 AM
fr. 8/7/18, 9/11/18, 10/3/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased
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premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This
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factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir.
2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state
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court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
9:00 AM
Docket 67
Updated tentative ruling as of 10/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/26/18 if the hearing is not concluded on 10/25/18.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel
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decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
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Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
9:00 AM
fr. 9/11/18, 10/3/18, 10/25/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay
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relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir.
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1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
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The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
9:00 AM
fr. 9/11/18, 10/3/18, 10/25/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased
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premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This
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factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir.
2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state
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court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
9:00 AM
Docket 1
Updated tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/26/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
9:00 AM
Docket 30
Updated tentative ruling as of 10/29/18. Although the court has not received evidence for the hearing on the creditor's stay relief motion, the court has reviewed the papers submitted by the parties, including the trial declarations of the witnesses called by the parties. Tentatively, the court is of the opinion that the stay relief motion should be denied because there is a sufficient equity cushion over 20% based on valuation of movant's appraiser at $1.1 million (or $1.4 million of debtor's appraiser) and movant's secured claim of roughly $800,000, so that movant is adequately protected. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). The court does not see this as a bad faith case and does not believe that In re Walter, 108 B.R. 244 (Bankr. C.D. Cal. 1989) controls or is persuasive under the facts of this case. Debtor was victimized by its manager who defrauded debtor and converted debtor's assets of rent income and equity from the subject real property as determined by the state court, and debtor now wants to realize value from the remaining equity to pay creditors and itself, which does not indicate bad faith. The fact that debtor could not post appellate bond from the adverse decision of the state court on its claim against movant is not dispositive. However, having said this, debtor must pay off the movant's lien because movant has a secured claim despite debtor's characterization of movant not being its creditor, which characterization is besides the point as shown by the state court's dismissal of debtor's case against movant with prejudice. It appears that debtor will be able to produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge to warrant denial of stay relief. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). However, this would be for debtor to sell the real property to realize value to pay creditors, given the valuation opinions of the parties' appraisers, but not through the income of debtor from renting the subject property or from capital infusions from its insider, for which there is insufficient substantiation (debtor's evidence of
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outside resources to fund a plan is not credible). Thus, the court would be inclined to deny stay relief in order for debtor to promptly market and sell the property through a plan or in a sale under 11 U.S.C. 363. Appearances are required on 10/31/18.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court has reviewed the supplemental pleading filed by movant with the state court's order in debtor's quiet title action, sustaining the demurrers, but with leave to amend. The court is inclined to continue the hearing on the stay relief motion with consent of movant or deny the motion without prejudice, pending the state court's sua sponte motion to dismiss the quiet title action set for hearing on 10/3/18 at 9:30 a.m. The hearing on the stay relief motion will be continued to after the state court hearing on the motion to dismiss with movant's consent or denied without prejudice. Alternatively, the court can set an evidentiary hearing on this contested matter regarding movant's stay relief claims. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are disputed material issues of fact regarding whether cause is shown for lack of adequate protection and lack of good faith since movant has not met its burden of proof regarding debtor has insufficient equity in the subject property under 11 U.S.C. 362(g)(1) because its valuation evidence regarding equity is inadmissible and the circumstances indicating that debtor was the victim of fraudulent conduct and is pursuing legal action to vindicate its rights to reorganize and pay creditors. Although the court may not be able to take judicial notice of the declaration of the appraiser filed in the state court case, the court will accord sufficient time for debtor to obtain and filed a declaration regarding valuation in this case, and likewise, for movant as well. The court will also afford the parties an opportunity to present evidence on good faith, which will necessarily entail debtor's prospects for successfully reorganizing and obtaining plan confirmation in this case. See In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). The case of In re Walter, 108 B.R. 244 (Bankr. C.D. Cal. 1989) does not necessarily dictate a finding of
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bad faith just because debtor filed for bankruptcy after failing to obtain a preliminary injunction to enjoin a foreclosure unless debtor cannot show that it can successfully reorganize and demonstrate reasonable prospects that a plan can be confirmed as recognized by the Bonner Mall decision.
Appearances are required on 6/18/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
U.S. Bank National Association as Represented By
William D Coffee
9:00 AM
Docket 1
Updated tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
9:00 AM
Docket 50
Deny creditor's motion to dismiss for failure to serve all creditors as required by FRBP 2002(a)(4) and 9013, or allow creditor to renotice for further hearing. (In contrast, notice of the motion of the United States Trustee to dismiss or convert set for hearing on 11/14/18 at 11:00 a.m. was given to all creditors.) Appearances are required on 10/31/18.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
Adv#: 2:10-02942 Satterwhite v. Elliott
Docket 155
Updated tentative ruling as of 11/6/18. Off calendar. Matter taken off calendar by movant for lack of service. No appearances are required on 11/6/18.
Debtor(s):
Terrance Owens Elliott Represented By
Greta S Curtis - DISBARRED -
Defendant(s):
Terrance Owens Elliott Pro Se
Plaintiff(s):
Tina V. Satterwhite Represented By Stephen R Wade
W. Derek May Gary Harrison Sarah E Powell
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Wilmington Savings Fund Society, FSB dba Christiana Trust VS Debtor)
Docket 523
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief under paragraph 3 because debtor is not the borrower on the loan. Deny request for extraordinary relief under paragraph 10 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr.
E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
(Union & Grattan Properties, LLC VS Debtor)
Docket 525
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including stay annulment, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 31
No tentative ruling in light of debtor's opposition to the motion. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Alvin Yap Edillor Represented By Philomena N Nzegge
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Denfield A. Augustus Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Adam J. Daugherty Represented By Steven B Lever
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Lynn Cooper Administrator of the Estate of Robert Charles Dafferner VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 7 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
David Cyrano Dantes Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
fr. 8/21/18, 10/2/18
Docket 200
Updated tentative ruling as of 11/5/18. Approve the second interim fee application of special litigation counsel for trustee for the reasons stated in the fee application and for lack of timely written objection. The court notes that the notice of hearing on the application stated that copies of the fee application can be reviewed at the Bankruptcy Court in Woodland Hills. In the future, applicant should indicate that the further applications can be reviewed at the Bankruptcy Court in Los Angeles since this is a Los Angeles Division bankruptcy case. Appearances are optional on 11/6/18, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 10/1/18. There are a number of block billed entries by applicant. Block billing lumps together multiple tasks, making it impossible to evaluate their reasonableness. Role Models America, Inc. v. Brownlee, 353 F.3d 962, 971 (D.C. Cir. 2004). The court has authority to reduce hours that are billed in block format. Welch v. Metropolitan Life Insurance Co., 480 F.3d 942, 948 (9th Cir. 2007). If applicant wishes to be compensated for the services which have been block billed, it will need to "unblock" the block billed entries and list out the time for each task performed. The blocked billed entries are: Exhibit 3, page 24: 11/6/17, 1.3 hours; Exhibit 3, page 25:
11/9/18, 2.8 hours, 11/13/17, 1.2 hours, 11/14/17, 1.4 hours; Exhibit 3, page
38, 3/29/18, 2.6 hours; Exhibit 3, page 41, 4/6/18, 2.2 hours, 4/8/18, 2.7
hours, 4/8/18, 2.8 hours, 4/9/18, 5.6 hours; Exhibit 3, page 42, 4/11/18, 3.8
hours, 4/18/18, 4.8 hours, 4/20/18, 2.8 hours; Exhibit 3, page 43, 4/24/18, 6.2
hours, 4/25/18, 3.9 hours, Exhibit 3, page 44, 4/26/18, 7.4 hours. Appearances are required on 10/2/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. The court has attempted to review the interim fee application, but cannot complete its review because a number of the billing entries have been redacted on grounds of privilege. The court will not rule upon the fee application unless and until applicant submits an unredacted version of the fee application, which it may do so in camera. The court will continue the hearing for 6 weeks, 2 weeks for applicant to submit an unreacted version of the fee application and 4 weeks for the court to review, considering there are over 50 pages of billing entries. Applicant must submit the unredacted version of the billing entries by 9/4/18, and the hearing is continued on the court's own motion to 10/2/18 at 2:30 p.m. No appearances are required on 8/20/18.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01120 Ehrenberg v. Cosmetics Gallery, Inc. et al
fr. 6/19/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed the joint status report, stating that the parties are settling and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for plaintiff to give notice. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since defendants have not answered the complaint, the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Cosmetics Gallery, Inc. Pro Se
Srinivas Venkumahanti Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By
1:30 PM
Trustee(s):
Anthony J Napolitano
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 6/19/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for trustee to give notice if required because any defendant has appeared. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
1:30 PM
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 6/19/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed the joint status reports indicating that the parties do not agree on a pretrial schedule and on whether the matter should be ordered to mediation. Appearances are required on 9/18/18 to discuss scheduling and mediation, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
1:30 PM
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
fr. 6/19/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed the joint status report, stating that the parties are settling and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for plaintiff to give notice. No appearances are required on 11/6/18.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By
1:30 PM
Trustee(s):
Anthony J Napolitano
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 6/19/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/19, and as requested by plaintiff, a further status conference to 1/29/19 at 1:30 p.m. Appearances are required on 11/6/18 to discuss scheduling and defendant’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status conference to that date and time for the reasons stated in the status report.
No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
1:30 PM
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01125 Ehrenberg v. VC Sales and Services, LLC et al
fr. 6/19/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed the joint status report, stating that the parties are settling and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for plaintiff to give notice. No appearances are required on 11/6/18.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report representing that the parties have been engaged in informal discovery and settlement discussions and requesting a continuance of the status conference to 11/6/18 at 1:30 p.m. so the parties can continue these discussions. The court on its own motion continues the status conference to 11/6/18 at 1:30 p.m. An updated joint status report is due on 10/30/18. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report of some parties and the unilateral status report of defendant VC Sales and Services, LLC. Because the parties have not had their LBR 7026-1 conference and the adversary proceeding is not yet at issue since certain defendants have not answered the complaint and one defendant, VC Sales and Services, LLC, has not timely responded to the complaint (however, this defendant contends that service was not proper), the court is inclined to continue the status conference until after the extended response date of 7/16/18 so that the responses to the complaint can be filed by defendants who have extensions of time to respond to the complaint and that plaintiff can request entry of default against the defendant which has not timely responded to the complaint, or that defendant's motion to set aside default can be heard.
Appearances are required on 6/19/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
VC Sales and Services, LLC Pro Se
Raja Sekhar Vadlamudi Pro Se
Ravik Chigurupati Pro Se
Kavita Tummala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
Docket 23
No tentative ruling as of 11/5/18. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Jay Yoon Represented By
Young K Chang
Defendant(s):
Jay Yoon Represented By
Young K Chang
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:17-01281 Lavitex, Inc. v. Yoon
fr. 1/9/18, 3/6/18, 9/18/18
Docket 1
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Updated tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed defendant's status report, but notes that plaintiff was not part of the status report.
Defendant untimely served his answer, but default had not yet been entered. Plaintiff to address whether it objects to the filing of the answer and defendant defending in this matter since plaintiff indicated at the status conference on 7/25/17 that it intended to resubmit a request for entry of default.
Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Jay Yoon Represented By
Young K Chang
Defendant(s):
Jay Yoon Pro Se
Plaintiff(s):
Lavitex, Inc. Represented By
K Tom Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated and revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
No tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
Docket 1
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Joseph Flores-Beauchamp, Trustee Pro Se
2:00 PM
Docket 1
The court has reviewed the trustee’s supplemental declaration filed on 10/18/18, which it finds helpful. Having reviewed the declaration, the trustee should be prepared how she plans to resolve any remaining claims disputes so the case will be soon in a posture to be closed. Appearances are required on 11/6/18.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:00 PM
fr. 10/2/18
Docket 484
Revised and updated tentative ruling as of 11/6/18. In fairness to all professionals and creditors, deny without prejudice until trustee files a final report, all final fee applications are submitted and the case is ready to be closed. Appearances are required on 11/6/18, but trustee and applicant may appear by telephone.
Prior tentative ruling as of 11/5/18. Appearances are optional on 11/6/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. Approve second interim fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/2/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Movant(s):
LEA Accountancy, LLP Pro Se
2:00 PM
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:00 PM
fr. 10/2/18
Docket 481
Revised tentative ruling as of 11/6/18. Deny without prejudice. The court is not inclined to approve applicant's large fee request of $387,101.57 in this Chapter 7 bankruptcy case while there is no indication when and how the case will be closed and distributions will be made to general creditors, that there is no indication that there will be any meaningful dividend to general creditors, the firm has already received a large interim fee payment of
$450,000 already in this case and it appears that the lion’s share of the assets of the estate is going to pay the firm’s fees. See In re Scoggins, 517
B.R. 206, 221 and n. 13 (Bankr. E.D. Cal. 2014)("One may ask what is the harm in a disproportionate trustee or professional fee if nobody objects? The harm is the loss of public confidence in the integrity of the bankruptcy system if it comes to be regarded as managed primarily for the benefit of those who operate it."), citing and quoting R.R. Palmer, A History of the Modern World at 44 (Knopf 1963)("The [14th Century] Church faced the danger that besets every successful institution--a form of government, an army or navy, a business corporation, a labor union, a university, to choose modern
examples--the danger of believing that the institution exists for the benefit of those who conduct its affairs."). The impression here is with this application, only the professionals are benefiting from the estate with no prospect of creditor distributions in sight. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
2:00 PM
Trustee(s):
Gregory M Salvato
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
2:30 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
Docket 77
Grant plaintiff's motion to extend discovery cutoff deadline and to continue pretrial conference for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Represented By
Jeffrey S Shinbrot
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell Howard Kollitz Zev Shechtman Sonia Singh
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
2:30 PM
Zev Shechtman
2:30 PM
Docket 160
No tentative ruling as of 11/5/18. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Application for fees and expenses (Wesley H. Avery, Chapter 7 Trustee)
Docket 221
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/6/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Phoenix Home Restorations LLC Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Docket 219
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/6/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Phoenix Home Restorations LLC Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Docket 218
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/6/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Phoenix Home Restorations LLC Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Robert M Aronson
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 52
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/6/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
KELVIN LEVERETTE Represented By Hedy Zhang
Trustee(s):
Jason M Rund (TR) Represented By Mika Hilaire
2:30 PM
[Hahn Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 50
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/6/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
KELVIN LEVERETTE Represented By Hedy Zhang
Trustee(s):
Jason M Rund (TR) Represented By Mika Hilaire
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 7/10/18, 7/31/18, 8/21/18, 9/25/18
Docket 32
Off calendar. Continued by stipulation and order to 12/11/18 at 2:30 p.m. No apearances are required on 11/6/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Docket 221
Off calendar. Matter rescheduled to 12/4/18 at 2:30 p.m. No apearances are required on 11/6/18.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
2:30 PM
Docket 51
Grant trustee's motion to approve compromise for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 11/6/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days.
Debtor(s):
John Michael Anderson Represented By Andrew S Mansfield
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
2:30 PM
Adv#: 2:18-01261 McCall v. Yoshihiro
Docket 15
Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Yoshihiro Ishii Represented By Irwin M Friedman
Defendant(s):
Ishii Yoshihiro Pro Se
Plaintiff(s):
Patrick A. McCall Represented By Richard G Heston
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Adv#: 2:18-01261 McCall v. Yoshihiro
Docket 1
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Off calendar. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and plaintiff has noticed his motion for default judgment for hearing on 11/6/18 at 2:30 p.m. In the interest of judicial economy, the court on its own motion continues the status conference to the date and time of the hearing on the motion for default judgment on 11/6/18 at 2:30 p.m. No appearances are required on 10/16/18.
Debtor(s):
Yoshihiro Ishii Represented By Irwin M Friedman
Defendant(s):
Ishii Yoshihiro Pro Se
Plaintiff(s):
Patrick A. McCall Represented By Richard G Heston
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 353
Deny debtor’s motion for leave to file claims in civil court against certain parties because there is no authority showing that leave of court is required since the court has not issued a prefiling order restricting debtor from filing lawsuits under the standards of Ringgold-Lockhart v. County of Los Angeles, 761 F.3d 1057 (9th Cir. 2014). The court does not pass on the merits of any claim that debtor may have against these parties, but as noted in Ringgold- Lockhart, the court has authority to impose sanctions for frivolous or baseless claims under authorities such as Federal Rule of Civil Procedure 11. Deny requests of trustee and creditors for such a prefiling order restricting debtor from filing lawsuits since they need to bring a motion for such affirmative relief meeting the standards of Ringgold-Lockhart. Appearances are required on 11/6/18, but counsel and self-represented parties may appear by telephone in accordance with the court’s telephone appearance procedures posted online on the court’s website.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
10:00 AM
fr. 10/24/18
Docket 103
Updated tentative ruling as of 11/5/18. Off calendar. Continued on the
court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
Updated tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service.
Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's
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objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status
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conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post-
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confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
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Docket 59
Updated tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/7/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but
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counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
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fr. 10/3/18
Docket 2375
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference to set a schedule of further proceedings. The parties should confer regarding their pretrial needs and an appropriate schedule. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 10/24/18
Docket 439
No tentative ruling as of 11/6/18. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus
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Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 6/6/18, 8/8/18, 9/12/18
Docket 1
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
400 S. La Brea, LLC's 2016 Federal and State Tax Returns |
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2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status
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report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
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U.S. Trustee(s):
United States Trustee (LA) Pro Se
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Docket 140
Updated tentative ruling as of 11/5/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics and expects to issue a ruling by 11/30/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses
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with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances
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are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at
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11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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Docket 479
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the
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hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is
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sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 5/29/18, 8/1/18, 10/3/18
Docket 482
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
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Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
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Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 157
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are
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required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
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Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on
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4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
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Movant(s):
Ashley M McDow Michael T Delaney Fahim Farivar
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the
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hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on
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5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
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Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
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Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
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Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 554
The motion is deficient because: (1) not all creditors were served as required by FRBP 2002(a)(2), 4001(c)(1)(C), 9013, 9014 and 9109, and the unserved creditors from the creditor mailing matrix are: Trope and Trope LLP, LEA Accountancy LLP, Absolute Resolutions Investments, LLC and Leonard L. Gumport; (2) the mandatory court form, F 4001-2.STMT.FINANCE, was not filed as required by LBR 4001-2(a). The court is inclined to continue the hearing so debtor can correct these deficiencies. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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fr. 4/25/18, 8/1/18, 10/3/18
Docket 68
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
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Docket 1
Updated tentative ruling as of 11/5/18. The court has reviewed debtor's status report requesting a continuance of about 30 day to complete settlement discussions with the secured lender. No tentative ruling on the merits. Appearances are required on 11/7/18 so that other parties, including United States Trustee, may be heard on status, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
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Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
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fr. 4/25/18, 6/27/18, 8/22/18
Docket 79
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to
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demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
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Docket 109
Updated tentative ruling as of 11/6/18. Because Secured Claim Classes 2A, 2B and 2C have not accepted the plan by voting in favor of the plan, debtor must meet the requirements of plan cramdown under 11 U.S.C. 1129(b).
Since debtor has not submitted evidence showing that the nonaccepting secured claim classes are being treated fairly and equitably under 11 U.S.C. 1129(b)(2)(A)(i.e., declarations showing that treatment of these classes is fair and equitable), set evidentiary hearing for debtor to show that plan treats these creditors fairly and equitably. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
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Docket 1
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
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Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
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Docket 118
Revised tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require an evidentiary hearing to resolve. The court will schedule an evidentiary hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a
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plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By
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Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
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Docket 135
Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 8/29/18, 9/19/18, 10/17/18
Docket 116
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
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Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
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Docket 1
Updated tentative ruling as of 11/6/18. The court has reviewed debtor's status report indicating that debtor and creditor Oggi's Pizza & Brewing Co. have indicated a willingness to ask a settlement conference before a judicial officer. The court was thinking of asking Visiting Bankruptcy Judge Gregg Zive to act as a settlement judge because in the court's view, he would have the ideal temperament for this case, and he may be available in early December or early February to conduct a settlement conference. Otherwise, no tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
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Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
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Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 12/5/17, 7/17/18, 10/23/18
Docket 1
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
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Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
fr. 10/10/18, 10/17/18
Docket 152
Updated tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling. The motion of United States Trustee to dismiss or convert is based on somewhat technical violations of the bankruptcy rules and United States Trustee guidelines which have been remedied or can readily be remedied, such as lack of sufficient proof of insurance coverage, late filing of monthly operating reports and incomplete payment of quarterly fees. The court is inclined to continue the hearing on the motion to allow short but reasonable period of time to allow debtor to take corrective action to remedy these readily remediable technical violations.
The required corrective action to address the concerns raised in the motion as attested to by the bankruptcy analyst must include:
Proof of insurance coverage, which appears to have been provided now.
Prompt payment of any United States Trustee quarterly fees currently due.
Complete disclosure of all receipts and disbursements by debtor postpetition on her monthly operating reports, which require amendment of her filed reports. Disclosures must include identification of all receipts of family support payments and all disbursements of any and all funds by her postpetition. Debtor in her opposition to the motion indicates that she would file amended reports, but has not yet done so, which calls to mind the adage
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that actions speak louder than words.
Appropriate use of debtor's DIP bank accounts, including using her general DIP account for most disbursements, and discontinuance of use of the DIP payroll and tax accounts because there does not appear to be a justifiable reason to have these separate DIP accounts apart from the general DIP account.
Discontinuance of debtor's use of a community property joint bank account with the nondebtor spouse.
Timely filing of future monthly operating reports. The court is of the view that the previous reports have not been late for long periods of time, but debtor's persistent tardiness in filing her reports indicates a dilatory attitude which goes to show that she lacks sufficient motivation to prosecute this case, which may by itself warrant granting relief requested by the United States Trustee.
No tentative ruling as of 10/5/18. Appearances are required on 10/10/18.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
The court is inclined to dismiss the case for failure of debtor to file required documents. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
DASK LLC Represented By
Hayk Grigoryan
1:30 PM
Docket 372
Updated tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 12/5/18 at 11:00 a.m. No appearances are required on 11/7/18.
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:00 PM
Adv#: 2:16-01341 Dumas v. Wells
Docket 24
Updated tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 11/28/18 at 2:00 p.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Represented By Gary A Laff
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:00 PM
Adv#: 2:16-01341 Dumas v. Wells
fr. 2/20/18, 5/22/18, 9/12/18
Docket 1
Updated tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 11/28/18 at 2:00 p.m. No appearances are required on 11/7/18.
Prior tentative ruling as of 9/10/18. Off calendar. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report reporting the affirmance of the state court judgment in favor of plaintiff and against defendant. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued to May 2018 in light of the pending appeal in the related state court litigation where oral argument is estimated to be scheduled that month. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling as 9/25/17. Off calendar. The court has reviewed the joint status report stating that the related state court appellate proceedings are still pending and that the status conference should be continued to February 2018. The court on its own motion continues the status conference to 2/20/18 at 1:30 p.m. Counsel for plaintiff is ordered to file and serve a notice of continuance of status conference. No appearances are required on
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9/26/17.
Prior tentative ruling as 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17 to update the status of the state appellate proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/27/17. The status conference will be delayed to 2:00 p.m. because the court has a commitment offsite at the lunch hour. The court has reviewed the joint status report discussing the status of the related proceedings before the state appellate court and requesting a continuance of the status conference pending the decision of the state appellate court. The court on its own motion continues the status conference to 9/26/17 at 1:30
p.m. and orders the parties to file a further joint status report by 9/19/17. No appearances are required on 3/28/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/4/16 to discuss scheduling of mediation and trial, and the arrangements for a stay of this adversary proceeding pending appellate review of judgment in related state court litigation, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
fr. 10/3/18
Docket 250
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
No tentative ruling as of 10/2/18. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 9/12/18, 10/3/18
Docket 232
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling. Deny without prejudice for lack of sufficient notice since not all creditors on the case mailing matrix were served as required by FRBP 9019, 2002 and 9013, including AEC Logistics Corp., BMW Financial Services NA, LLC, Flacco Truck Repair, Internal Revenue Service, Los Angeles County Treasurer and Tax Collector, Nissan and Wells Fargo Financial Leasning Inc., and some creditors were served, but not at all addresses indicated on the mailing matrix. Debtor needs to serve creditors at all of the addresses indicated on the mailing matrix, absent an adequate evidentiary showing that its service list is completely accurate.
The court agrees with debtor that the creditors opposing the motion have not addressed the factors in In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986), that is, the probability of success in the litigation, the difficulties, if any, to be encouraged in the matter of collection, the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it and the paramount interest of the creditors and a proper deference to their reasonable views. The objecting creditors merely argue that without discovery, it is premature and not reasonable to evaluate the settlement at this time, and the settlement presents negligible and/or insignificant benefit to the creditors as a whole. These arguments do not address the arguments raised by the motion that the settlement is fair and equitable, given the hazards and cost of the litigation and that the settlement provides value to the
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estate, which has not been shown to be greater otherwise if the case is not settled, that is, the objecting creditors have not shown that there would be any greater benefit to the estate and creditors through litigation. Saying the settlement is of negligible and/or insignificant benefit does not show that there is a better alternative.
Appearances are required on 9/12/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 10/3/18
Docket 237
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/2/18. Sustain debtor's evidentiary objections to paragraph 7 of the declaration of Gregory S. Kim, and overrule the remaining objections. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 7/18/18, 9/19/18, 10/3/18
Docket 217
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
Docket 1
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
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Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 7/18/18, 9/19/18, 10/3/18
Docket 13
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
10:00 AM
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by
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plaintiffs, there is a division in circuit authority as to whether property of the bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
10:00 AM
Appearances are required on 3/20/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
Off calendar. Duplicate of matter number 7.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
10:00 AM
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 7/18/18, 9/19/18, 10/3/18
Docket 44
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
10:00 AM
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 7/18/18, 9/19/18, 10/3/18
Docket 43
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
10:00 AM
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 7/18/18, 9/19/18, 10/3/18
Docket 1
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
1:30 PM
Docket 11
Updated tentative ruling as of 11/7/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 11/8/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because it appears that there are disputed issues of material fact regarding debtor's good faith in requesting conversion of the case to Chapter 13 and debtor's income eligibility for Chapter 13 based on her amended schedules asserting a family contribution from her brother. See In re Deutsch, 529 B.R. 308 (Bankr.
C.D. Cal. 2015). The court has questions about trustee's estimate of $55,000 in anticipated Chapter 7 administrative expenses which seem awfully high in this case still in its early stages. Appearances are required on 9/18/18 to discuss scheduling of an evidentiary hearing to resolve disputed issues of material fact on the motion, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By David S Hagen
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
10:30 AM
Docket 535
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including stay annulment, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for relief under 11 U.S.C. 362(d)(2) for lack of evidentiary support by failing to offer admissible evidence of valuation to meet burden of proving debtor's lack of equity in the subject property under 11
U.S.C. 362(g)(1) (i.e., no showing that Zillows.com valuation opinion is made by qualified expert witness in valuation using scientifically validated valuation methods). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 533
The court has reviewed the moving and opposing papers and is of the view that the motion should denied or withdrawn because that the relief sought should be requested in the Bricks Hospitality Group, LLC involuntary bankruptcy case before Judge Robles and that it appears to the court that the amended petition in this case adding Bricks as a dba is bogus. It does not appear to the court to be a good idea for trustee to administer the asset in this case for the same reason. Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 12
The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 8, 10 and 11 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief.
See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Just checking off boxes on the court form motion is not a demonstration of an adequate factual or legal basis for requesting such relief. In order for the court to grant such relief, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 11/20/18, one week before a continued hearing on 11/27/18 at 10:30 a.m. Otherwise, no tentative ruling. Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Michelle Vanna Che Represented By Brad Weil
Trustee(s):
JOHN J MENCHACA Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
No tentative ruling on movant's request for extraordinary relief in paragraph 5 of the prayer for relief in the motion requesting the court to terminate, modify or annul the co-debtor stay under 11 U.S.C. 1201(a) or 1301(a). Movant must appear and explain the factual and legal bases for such relief since the court is being asked to rule on such request.
Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Carlos Javier Garcia Represented By
D Justin Harelik
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Himan Malekhosseini Represented By Navid Kohan
Joint Debtor(s):
Aram Asadi Represented By
Navid Kohan
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 7
The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 4, 8, 9, 10 and 11 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 4 requesting confirmation that there is no stay in effect. See, e.g., 11 U.S.C. 362(c).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting confirmation that the court can order eviction of occupants of the subject property. There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399
B.R. at 907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 9 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 10 requesting declaratory relief that any stay relief order is binding and effective in any bankruptcy case commenced by or against any debtor who claims an interest in the property for 180 days. There is contrary authority not addressed in the moving papers. In re Van Ness, 399
B.R. at 904-907.
10:30 AM
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 10 requesting declaratory relief that any stay relief order is binding and effective in any bankruptcy case commenced by or against any debtor who claims an interest in the property for 180 days. There is contrary authority not addressed in the moving papers. In re Van Ness, 399
B.R. at 904-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 11 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for stay annulment because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Movant alleges that the bankruptcy petition was filed in bad faith, but there is no indication that this is the situation here because there is no showing of any bad faith in the petition, but only that there was a postpetition transfer to debtor by the borrower, which is not an act by the debtor. Debtor in his opposition apparently disputes that the bankruptcy petition was filed in bad faith, and it appears on this record that he is right since the indications that this is a "hijacked" bankruptcy case, that is, a third party is using debtor's bankruptcy case for a bad purpose, specifically, using the automatic stay in debtor's bankruptcy case to thwart foreclosure by movant. The court is thus inclined not to make a finding of bad faith as to debtors. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 11/20/18, one week before a continued hearing on 11/27/18 at 10:30 a.m.
10:30 AM
Otherwise, no tentative ruling on the merits.
Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Salvador Enrique Ramos Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 6/19/18, 7/10/18, 9/4/18
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved.
Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
1:30 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 6/19/18, 7/10/18, 9/4/18
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on
1:30 PM
the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 6/19/18, 7/10/18, 9/4/18
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 6/19/18, 7/10/18, 9/4/18
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
1:30 PM
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
1:30 PM
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 1/29/19 at 1:30 p.m. to allow time for plaintiff to file its motion for default judgment. No appearances are required on 11/13/18.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
Docket 1
The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 11/13/18.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01285 Champery Rental REO, LLC v. Oh
Docket 1
Off calendar. The bankruptcy case was converted to Chapter 13 and reassigned to Judge Klein. The court vacates the status conference. No appearances are necessary.
Debtor(s):
Samuel Young Oh Represented By Kevin Tang
Defendant(s):
Samuel Young Oh Pro Se
Plaintiff(s):
Champery Rental REO, LLC Represented By
Amelia B. Valenzuela
1:30 PM
Docket 1
Off calendar. The court vacates the hearing on the order to show cause because debtor filed his credit counseling certificate. No appearances are required on 11/13/18.
Debtor(s):
Oscar Gomez Navarrete Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:14-01547 Stahl, Chapter 7 Trustee v. Eichler, Jr
fr. 7/31/18, 8/28/18, 10/16/18
Docket 1
Off calendar. Adversary proceeding dismissed by order entered on 10/22/18. No appearances are necessary.
Debtor(s):
Peter James Eichler Jr Represented By Christian T Kim James A Dumas Jr Miri Kim Wakuta
Defendant(s):
Peter James Eichler Jr Pro Se
Plaintiff(s):
Alberta P. Stahl, Chapter 7 Trustee Represented By
Monica Y Kim
Trustee(s):
Alberta P Stahl (TR) Represented By Carmela Pagay Monica Y Kim Timothy J Yoo
Alberta P Stahl (TR) Pro Se
2:00 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01388 Patton et al v. Bishop, Sr
Docket 147
Deny defendant's motion to strike pleadings because successor plaintiffs have ratified counsel's pleadings filed after the death of the original plaintiff and because the motion otherwise lacks a legal basis. Appearances are required on 11/13/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Reggie Lyn Bishop Pro Se
Defendant(s):
Reggie Lyn Bishop Sr Pro Se
Plaintiff(s):
Thomas Patton Pro Se
Audrey Patton Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 117
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/13/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Tyson James Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Joint Debtor(s):
Sandra Marie Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Trustee(s):
Jason M Rund (TR) Represented By Scott Lee
Amy L Goldman
2:30 PM
[Lewis Brisbois Bisgaard & Smith LLP, Attorney for Chapter 7 Trustee]
Docket 111
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection, except disallow fees of
$500.00 (1 hour @ $500.00 per hour for appearance not needed for hearing on fee application). Appearances are optional on 11/13/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Tyson James Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Joint Debtor(s):
Sandra Marie Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Trustee(s):
Jason M Rund (TR) Represented By Scott Lee
Amy L Goldman
2:30 PM
[Hahn Fife & Company, Accountant for Chapter 7 Trustee]
Docket 112
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/13/18, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Tyson James Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Joint Debtor(s):
Sandra Marie Underwood Represented By Charles Shamash Joseph Caceres Raymond H. Aver
Trustee(s):
Jason M Rund (TR) Represented By Scott Lee
Amy L Goldman
2:30 PM
Docket 548
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Docket 571
Approve final fee application of DLA Piper LLP (US), successor by merger to Liner LLP, special counsel to debtor in possession for reasons stated in the fee application. The only objection to the application by creditor 7175 WB, LLC, is not well-taken because the supporting client declaration is provided by the declaration of Jonathan Mover filed on 11/6/18 stating as president of debtor that he is authorized to state that debtor has no objection to the fee application and the application is supported by evidence in the usual way through counsel declarations and billing statements with specific billing entries in both the interim and final fee applications. 7175 WB, LLC, has not otherwise shown that the fees requested are unreasonable. The court notes that the bulk of applicant's fees was requested in the interim fee application which was approved without any objection by any party, including 7175 WB, LLC. Appearances are required on 11/13/18 in light of 7175 WB, LLC's objection, but applicant and counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 574
Since the court has entered the plan confirmation order in this case, the court declines to review the interim fee application of Liner Law Group LLP, special litigation counsel for debtor in possession, because the court can now review final fee applications of estate professionals and it is an inefficient use of the litigation and court resources to review and consider fee applications on an interim basis when they can be considered on a final basis, especially in light of objections of parties in interest to some of the fee applications of estate proveessionals. Applicant should resubmit and renotice the fee application as a final fee application. Appearances are required on 11/13/18, but applicant and counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 575
Since the court has entered the plan confirmation order in this case, the court declines to review the interim fee application of accountant for debtor in possession because the court can now review final fee applications of estate professionals and it is an inefficient use of the litigation and court resources to review and consider fee applications on an interim basis when they can be considered on a final basis, especially in light of objections of parties in interest to some of the fee applications of estate proveessionals. Applicant should resubmit and renotice the fee application as a final fee application.
Appearances are required on 11/13/18, but applicant and counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 583
Since the court has entered the plan confirmation order in this case, the court declines to review the second interim fee application of general bankruptcy counsel for debtor in possession because the court can now review final fee applications of estate professionals and it is an inefficient use of the litigation and court resources to review and consider fee applications on an interim basis when they can be considered on a final basis, especially in light of objections of parties in interest to some of the fee applications of estate proveessionals. Applicant should resubmit and renotice the fee application as a final fee application. Appearances are required on 11/13/18, but applicant and counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 453
Off calendar. Continued to 12/18/18 at 2:30 p.m. by prior order. No
appearances are required on 11/13/18.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m.
Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 22
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/13/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Christian Roberto Castrejon Represented By Vernon R Yancy
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 475
Grant debtor's motion to dismiss for the reasons stated in the moving papers and for lack of timely written opposition. The court determines that cause is shown for dismissal because debtor has resolved most of the disputes with creditors and there is no further need to reorganize and that dismissal is in the best interests of creditors and the estate because most of the disputes between debtor and creditors have been resolved and the remaining disputes can be more effectively resolved outside of bankruptcy. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
Docket 476
Approve final fee application of attorney for debtor in possession for reasons stated in the fee application and for lack of timely written objection.
Appearances are optional on 11/14/18, but applicant and counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/27/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/10/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/24/17, but counsel may appear by telephone.
Updated tentative ruling as of 12/12/16. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Updated tentative ruling as of 10/31/16. Off calendar. The court on its own motion vacates this status conference in light of the pending proceedings regarding the amended disclosure statement for which there are separate hearings at which the status of the case is considered. No appearances are required on 11/3/16.
Updated tentative ruling as of 7/5/16. No tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 7/6/16, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling in light of pendency of motion to approve disclosure statement. Appearances are required on 4/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
No updated tentative ruling as of 12/14/15. Appearances are required on 12/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 10/19/15. Appearances are required on 10/21/15, but counsel may appear by telephone.
No updated tentative ruling as of 9/15/15. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 6/30/15. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/1/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Prior tentative ruling as of 4/28/15. Appearances are required on 4/29/15, but
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counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling as of 4/13/15. Appearances are required on 4/15/15 to address status, including United States Trustee compliance issues, but counsel may appear by telephone.
Debtor(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Joint Debtor(s):
Ruth Elizabeth Dymmel Represented By Robert M Aronson
Movant(s):
Kenneth Leonard Dymmel Represented By Robert M Aronson
Ruth Elizabeth Dymmel Represented By Robert M Aronson
11:00 AM
Docket 94
The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 108
Since debtor seeks bifurcation of the claim of Pacific City Bank into secured and unsecured portions, debtor will need to bring a motion to value the secured claim under FRBP 3012 and 11 U.S.C. 506(a) and not through the plan. Further, the disclosure statement should be modified to treat the secured claims as separate classes (e.g., Class 1A and Class 1B) since the treatment of the secured creditors is different
The proposed plan should be modified as follows:
The Effective Date of the plan is not stated since the plan lacks an "Effective Date" provision, and such provision needs to be added.
The duration of the plan is not stated and needs to be stated, particularly regarding treatment of general unsecured claims.
The language of LBR 3020-1(b) regarding vesting of property in the Chapter 7 estate if the case is converted needs to be added to the plan.
Section V of the plan, " Means for Implementing the Plan," should be modified: (1) subsection "The Reorganized Debtor" should be deleted because it is redundant of treatment of general unsecured creditors; (2) subsection "Corporate Actions" should be deleted because it is either superfluous or too broad in requesting declaratory relief, or be specific in what the court is supposedly ratifying; (3) subsection "Funding of the Plan" is descriptive and belongs in the disclosure statement, not directive for the plan.
The reference to "Holdco board" on page 9 of the plan needs to be explained or deleted.
References in the plan in the disclosure statement should be to "Disclosure Statement" and not by initials, "DS.".
The proposed disclosure statement should be modified as follows:
The financial projections in Exhibits E and F to the disclosure statement are inadequate. Exhibit E should have monthly projections for the 60 month
11:00 AM
duration of the plan, including projections of income and expense fluctuations, and actual amounts should be stated, not in "K's". Exhibit F should have historical data for the last 12 months at least with the same categories on Exhibit E, not stripped down categories from the monthly operating reports.
References in the disclosure statement in the disclosure statement should be to "Disclosure Statement" and not by initials, "DS.".
The references in the disclosure statement on pages 4, 11 and 13 to "(West Supp. 2006)" or (West 2004 & Supp. 2006) should be deleted since the Bankruptcy Code as of this year should apply.
The statement on page 5 on the disclosure statement that "There are no unimpaired classes in this case" is incorrect and should be deleted or modified.
The word "it's" should be "its" on pages 5, 9 and 12 of the disclosure statement.
The reference to 5 years on page 6 should also be stated the alternative ` of 60 months.
The effective date of the plan should be stated on page 7 of the disclosure statement, either a specific date or a formula to set a date.
The plan treatment of the secured creditors should be described on page 8 of the disclosure statement.
The reference to "Impaired First payment date" on page 9, line 24 is unclear and needs to be made clear what the meaning is.
Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 180
Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion.
Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
Docket 31
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
fr. 10/24/18, 11/7/18
Docket 103
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 56
Updated tentative ruling as of 11/13/18. Off calendar. Motion resolved by stipulation and order. No appearances are required on 11/14/18.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits.
Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
Samuel Young Oh Represented By Kevin Tang
11:00 AM
Docket 15
Off calendar. The status conference is moot because the case has been dismissed. No appearances are necessary.
Debtor(s):
DASK LLC Represented By
Hayk Grigoryan
1:30 PM
fr. 8/1/18, 8/8/18, 8/27/18
Docket 390
Revised and updated tentative ruling as of 11/13/18. Off calendar.
Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the
1:30 PM
court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 8/1/18, 8/8/18, 8/27/18
Docket 394
Revised and updated tentative ruling as of 11/13/18. Off calendar.
Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. Because the parties filed their joint pretrial statement late, the joint pretrial statement is voluminous and the parties in the related contested matter of Debtor's objection to the claim of Cindy Magleby, claimants' client, filed unilateral pretrial statements rather than a joint pretrial statement as required, the court intends to continue the pretrial conference for this matter to be coordinated with the pretrial conference for the contested matter of Debtor's objection to the claim of Cindy Magleby and to allow additional time for review of the joint pretrial statement. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Revised and updated tentative ruling as of 11/13/18. Off calendar.
Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 8/1/18, 8/8/18, 8/27/18
Docket 1
Revised and updated tentative ruling as of 11/13/18. Off calendar.
Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
1:30 PM
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
granting adequate protection pursuant to 11 U.S.C. §§ 361, 362, 363 and 364; (III) scheduling a final hearing pursuant to Bankruptcy Rules 4001(b) And 4001(c); and (IV) granting related relief
Docket 2
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
§ 366
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
and 364; (II) granting adequate protection pursuant to 11 U.S.C. §§ 361, 362, 363 and 364; (III) scheduling a final hearing pursuant to Bankruptcy Rules 4001(b) and 4001(c); and (IV) granting related relief
fr. 11/15/18
Docket 2
NONE LISTED -
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 11/21/18, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
fr. 11/15/18
Docket 11
NONE LISTED -
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 11/21/18, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
§ 366
fr. 11/15/18
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold
10:00 AM
re: Debtor's emergency motion for an order: (1) authorizing the continued use of the debtor's cash management system, (2) authorizing the maintenance of the debtor's pre- petition bank accounts, and (3) requiring banks to release administrative holds and/or freezes on the debtor's pre-petition bank accounts
Docket 63
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
Docket 541
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
10:30 AM
Docket 47
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
10:30 AM
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
10:30 AM
Docket 31
Updated tentative ruling as of 11/26/18. Off calendar. Motion withdrawn by notice filed on 11/6/18. No appearances are necessary.
Prior tentative ruling. No tentative ruling in light of debtor's opposition to the motion. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Alvin Yap Edillor Represented By Philomena N Nzegge
Trustee(s):
Wesley H Avery (TR) Represented By Robert A Hessling
10:30 AM
Docket 36
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including stay annulment, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for relief under 11 U.S.C. 362(d)(2) for lack of evidentiary support of proving debtor's lack of equity in the subject property under 11 U.S.C. 362(g)(1) since the moving papers show positive equity (also no proof that debtor is not otherwise on title). Deny request for extraordinary relief in paragraph 3 because debtor was not the borrower in the loan documents. Deny extraordinary relief in paragraph 8 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Billy Redd Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 51
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief under 11 U.S.C. 362(d)(2) for insufficient evidentiary showing of lack of equity. Deny request for extraordinary relief in paragraph 3 since debtor is not the borrower in the loan documents. Deny request for extraordinary relief in paragraphs 4 and 14 for lack of evidentiary and/or legal support. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
(Bank of New York Mellon Trust Company VS Debtors)
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Richard Clyde Hair Represented By Barry E Borowitz
Joint Debtor(s):
Carol Ann Hair Represented By Barry E Borowitz
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4), including declaratory relief confirming that a stay is not in effect, to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Don Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition, including debtor's notice of non- opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Appearances are optional on 11/27/18, but counsel may appear by telephone.
Debtor(s):
Rodolfo L. Bautista Represented By Richard A Loa
Joint Debtor(s):
Zenaida N. Bautista Represented By Richard A Loa
10:30 AM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Carlos Javier Garcia Represented By
D Justin Harelik
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tony Yu Feng Represented By Sam X J Wu
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Pierre Wasolua Nsilu Represented By Brad Weil
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 13
The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 8, 10 and 11 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Just checking off boxes on the court form motion is not a demonstration of an adequate factual or legal basis for requesting such relief. In order for the court to grant such relief, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 12/4/18, one week before a continued hearing on 12/11/18 at 10:30 a.m. Otherwise, no tentative ruling.
Appearances are required on 11/27/18, but counsel may appear by telephone.
Debtor(s):
Tae Kyong Kang Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nikolaus Oliver Wilcox Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hugo Vizcarra Represented By Steven Ibarra
Joint Debtor(s):
Evelyn Thelma Vizcarra Represented By Steven Ibarra
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Abraham Herberto Cruz Ramirez Represented By
Jasmine Firooz
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(Herbert Trust #524, PDQ Investments, LLC VS Debtor)
Docket 8
Deny stay relief motion as moot becuase the case was dismissed on 11/13/18. Appearances are optional on 11/27/18, but counsel may appear by telephone.
Debtor(s):
John C Halfmann Pro Se
Movant(s):
Herbert Trust #524, PDQ Represented By Gilbert R Yabes
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 7
Updated tentative ruling as of 11/26/18. After consideration of movant's supplemental brief requested by the court, grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), including annulment of stay, to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Grant movant in rem relief from stay pursuant to 11 U.S.C. 362(d)(1) and 105(a) for the reasons stated in the moving papers and for lack of timely written opposition to prevent an abuse of process. Deny stay relief under 11 U.S.C. 362(d)(2) for lack of sufficient evidentiary showing of debtor's lack of equity in the subject property. Deny stay relief under 11
U.S.C. 362(d)(4) because movant as a subsequent purchaser lacks standing to seek relief under this statute. In re Ellis, 523 B.R. 673 (9th Cir. BAP 2014). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 4, 8, 9, 10 and 11 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
10:30 AM
2009).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 4 requesting confirmation that there is no stay in effect. See, e.g., 11 U.S.C. 362(c).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting confirmation that the court can order eviction of occupants of the subject property. There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399
B.R. at 907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 9 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 10 requesting declaratory relief that any stay relief order is binding and effective in any bankruptcy case commenced by or against any debtor who claims an interest in the property for 180 days. There is contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 904-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 10 requesting declaratory relief that any stay relief order is binding and effective in any bankruptcy case commenced by or against any debtor who claims an interest in the property for 180 days. There is contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 904-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 11 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
There is persuasive contrary authority not addressed in the moving papers.
10:30 AM
In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for stay annulment because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Movant alleges that the bankruptcy petition was filed in bad faith, but there is no indication that this is the situation here because there is no showing of any bad faith in the petition, but only that there was a postpetition transfer to debtor by the borrower, which is not an act by the debtor. Debtor in his opposition apparently disputes that the bankruptcy petition was filed in bad faith, and it appears on this record that he is right since the indications that this is a "hijacked" bankruptcy case, that is, a third party is using debtor's bankruptcy case for a bad purpose, specifically, using the automatic stay in debtor's bankruptcy case to thwart foreclosure by movant. The court is thus inclined not to make a finding of bad faith as to debtors. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 11/20/18, one week before a continued hearing on 11/27/18 at 10:30 a.m. Otherwise, no tentative ruling on the merits.
Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Salvador Enrique Ramos Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:16-01083 Diamond, Chapter 7 Trustee, Plaintiff v. Rana
#17.00 Cont'd status conference re: Complaint (1) To avoid and recover preferential transfers;
(2) To avoid and recover fraudulent or avoidable transfers; (3) For imposition of constructive trust; (4) For unjust enrichment; (5) For turnover; and
(6) To disallow claims
fr. 9/5/17, 4/4/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference
1:30 PM
for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 12/31/16 and a further status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation, parties to submit request for selection of mediator and alternate by 7/31/16, and complete mediation by 1/17/16. If the parties agree to these dates, appearances are optional on 4/26/16, and plaintiff to submit proposed scheduling order within 7 days of hearing if the parties agree to these dates. If the parties do not agree to these rulings and dates or if parties wish to discuss status of matter at status conference, appearances are required on 4/26/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Aj Rana Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
1:30 PM
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01103 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
Enrichment; (4) for Turnover; and (5) to Disallow Claims fr. 3/20/18, 5/22/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance of the discovery cutoff date at defendant's request. No tentative ruling on the
1:30 PM
merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Michael Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01104 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 3/20/18, 5/22/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but
1:30 PM
counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Renato Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01105 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 3/20/18, 5/22/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. the court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings in light of defendant's pending Chapter 7 bankruptcy case, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. Updated tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that counsel for defendant has not responded to counsel for trustee's inquiries about preparing and filing a joint status report. No tentative ruling on the merits. Appearances are required on 4/25/17, but
1:30 PM
counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report advising that entry of default has been entered against defendant and that plaintiff will be filing a motion for default judgment. The court on its own motion continues the status conference to 9/13/16 at 1:30 p.m. to allow some time for plaintiff to prepare and file a motion for default judgment.
Appearances are optional on 5/3/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Felicidad Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01112 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 3/20/18, 5/22/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. The court has reviewed the joint status report stating that the matter is being settled. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. The court has reviewed plaintiff's unilateral status report. Appearances are required on 10/24/17 to discuss scheduling of further proceedings, including setting discovery cutoff, pretrial conference and trial dates, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed trustee's unilateral status report filed after close of business on 4/21/17 stating that the parties are discussing settlement and intend to agree to a 90 day continuance
1:30 PM
of the discovery cutoff date at defendant's request. No tentative ruling on the merits. Appearances are required on 4/25/17, but counsel may appear by telephone.
Prior tentative ruling. At the status conferences on related party matters on 5/3/16, counsel for the parties represented on the record that they were agreeable to the dates set in the related matters and would submit a stipulation and proposed scheduling order, which would incorporate the dates set in those other matters.
Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Appearances are optional on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Mariam Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01158 Diamond v. Vital Rehab Services, Inc.
(2) For imposition of constructive trust; (3) For unjust enrichment; (4) For turnover; and (5) To disallow claims
fr. 9/5/17, 4/4/18, 7/31/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
1:30 PM
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/24/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Vital Rehab Services, Inc. Pro Se
Plaintiff(s):
Richard K. Diamond Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
1:30 PM
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01408 Neman Brothers & Associates, Inc., a California co v. Oh
fr. 4/17/18, 7/31/18, 10/23/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The status conference will be conducted on the 2:30 p.m. calendar with the hearing on plaintiff's motion for default judgment. Appearances are required at 2:30 p.m., not 1:30 p.m. No tentative ruling on the merits.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/24/17, but counsel may appear by telephone.
Debtor(s):
Hye Jung Oh Represented By
Young K Chang
1:30 PM
Defendant(s):
Hye Jung Oh Pro Se
Plaintiff(s):
Neman Brothers & Associates, Inc., Represented By
Nico N Tabibi
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:17-01415 Gross v. Kelly
fr. 5/30/18, 7/17/18, 9/18/18
Docket 1
Off calendar. The status conference is moot because judgment was entered on 10/9/18. No appearances are necessary.
Debtor(s):
Sharon Kelly Represented By
Richard T Baum
Defendant(s):
Sharon Kelly Pro Se
Plaintiff(s):
Mark P. Gross Represented By Gary A Starre
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:18-01289 Grand View Financial, LLC v. Ladd et al
(2) injunctive relief
Docket 1
The court has reviewed the joint status report of the parties. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Danna Ladd Pro Se
Darren Ladd Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01047 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Sican Roca et al
(11) denial of discharge
fr. 4/17/18, 6/26/18, 9/18/18
Docket 1
Off calendar. Adversary proceeding dismissed by order entered on 9/28/18. No appearances are necessary.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Defendant(s):
Marvin Abel Sican Roca Pro Se
Angelica Maria Rodriguez Pro Se
Oscar L. Sican Pro Se
Angelica Sican Martinez Pro Se
Bayview Loan Servicing, LLC. Pro Se
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
1:30 PM
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Adjoa Anim-Appiah
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
1:30 PM
Adv#: 2:18-01227 Goodrich, Chapter 7 Trustee v. Bowes
Docket 16
No tentative ruling as of 11/26/18. Appearances are required on 11/27/18, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Defendant(s):
Tracy Steven Bowes Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
1:30 PM
Adv#: 2:18-01227 Goodrich, Chapter 7 Trustee v. Bowes
fr. 9/18/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/18/18, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Defendant(s):
Tracy Steven Bowes Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By
1:30 PM
Wesley H Avery
1:30 PM
Adv#: 2:18-01296 Swift Financial, LLC fka Swift Financial Corporati v. Cohen
2) debts incurred through false statements respecting debtor's financial condition under 11 U.S.C. §523(a)(2)(B); 3) debts incurred through conversion under 11 U.S.C. §523(a) (4); 4) debts incurred through willful and malicious injury to property
under 11 U.S.C. §523(a)(6)
Docket 1
Set a discovery cutoff date of 5/31/19 and a post-discovery status conference on 6/11/19 at 1:30 p.m. with a joint status report due on 6/4/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 1/31/19 and complete mediation by 6/11/19.
Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website. Plaintiff to submit a proposed scheduling order within 7 days of the status conference.
Debtor(s):
Avi Cohen Represented By
Joshua L Sternberg
Defendant(s):
Avi Cohen Pro Se
Plaintiff(s):
Swift Financial, LLC fka Swift Represented By Daren M Schlecter
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
(11 U.S.C. §523(a)(4); and, 3. recovery of property (F.R.B.P. 9001(1))
Docket 1
Set a discovery cutoff date of 4/30/19, order the matter to mediation, the parties to select a mediator and alternate by 12/31/18 and complete mediation by 5/14/19 and set a post-discovery status conference for 5/14/19 at 1:30 p.m. and deadline for filing a further joint status report of 5/7/19.
Appearances are required on 11/27/18, but counsel may appear by telephone. Plaintiff to lodge a proposed scheduling order within 7 days of hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Defendant(s):
ADY PROPERTY, LLC a California Pro Se Ben B. Safyari Pro Se
Plaintiff(s):
MJK 18, LLC a Nevada limited Pro Se
Joe Klein Represented By
Niv V Davidovich
1:30 PM
Docket 10
Updated tentative ruling as of 11/26/18. Off calendar. Continued to 1/9/19 at 1:30 p.m. by prior order entered on 10/29/18. No appearances are required on 11/27/18.
Prior tentative ruling as of 10/22/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 10/23/18.
No tentative ruling as of 9/10/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 9/11/18.
Debtor(s):
John Donald Marshall Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Docket 10
Off calendar. Debtor filed the required certificate of credit counseling, and the court discharges the order to show cause and vacates the hearing. No appearances are required on 11/27/18.
Debtor(s):
Larry Scott Charlton Represented By Elena Steers
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Docket 10
Off calendar. The hearing on the order to show cause is moot because the case was dismissed. No appearances are required on 11/27/18.
Debtor(s):
Thomas S Kim Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
(2) Avoid and Recover Fraudulent Transfers; and for (3) Breach of Fiduciary Duty fr. 10/17/17, 11/28/17, 5/29/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's attorneys and Microland.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 8/31/15 and set a post-discovery status conference for 9/29/15 at 1:30 p.m. The parties are ordered to conduct FRBP 7026 conference by 3/31/15. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 9/29/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire
2:00 PM
Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
and California Civil Code §3439, et seq.] fr. 10/17/17, 11/28/17, 5/29/18
Docket 1
Updated tentative ruling as of 11/26/18. Off calendar. Continued by stipulation and order to 2/26/19 at 2:00 p.m. No appearances are required on 11/27/18.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and attorneys.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Lee adversary proceeding, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. Set discovery completion date of 9/30/15 and set a post-discovery status conference for 10/27/15 at 1:30 p.m. Order the matter
to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 10/27/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:15-01563 Rund, Chapter 7 Trustee v. Lee, an individual et al
fr. 11/28/17, 1/23/18, 4/17/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Albert Lee, an individual Pro Se Business Legal Partners Attorneys Pro Se DOES 1 through 10 Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:00 PM
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:17-01153 Michael C. Lin, Trustee of The Hellion Trust v. Martinez
Docket 1
Revised tentative ruling as of 11/26/18. In their stipulation filed on 10/2/18, the parties had advised the court that this matter is being settled, but no dispositive stipulation and proposed order have been submitted. The case is set for trial on 12/7/18, but no joint pretrial stipulation has been submitted, and the case does not appear ready for trial. Appearances are required on 11/27/18 to discuss further proceedings and scheduling, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
2:00 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Michael C. Lin, Trustee of The Represented By Henry D Paloci
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
fr. 6/26/18, 8/20/18, 10/2/18
Docket 1209
Updated tentative ruling as of 11/26/18. Off calendar. Motion resolved by stipulation and order. No appearances are required on 11/27/18.
Prior tentative ruling as of 8/20/18. At the first hearing on the motion on 6/26/18, the parties indicated that they did not have an interest in litigating this contested matter to an evidentiary hearing and were going to attempt to negotiate a consensual resolution with the filing of a stipulation by the hearing on 8/21/18. No stipulation has been filed, which perhaps indicates a lack of consensus. At this point, the court is inclined to deny the motion without prejudice on grounds the motion is premature as argued by objecting party, Morrison and Foerster, because the trustee has not concluded his administration of the case and this would be consistent with Judge Saltzman's prior 2016 order denying preconversion fee applications without prejudice (Docket Number 568). In reaching this conclusion, the court has considered case law regarding whether to allow immediate payment of administrative expense claims ahead of distribution after the Chapter 7 trustee's final report, In re Tandem Group., Inc., 61 B.R. 738, 742 (Bankr. C.D. Cal. 1986) (postponing determination of preconversion administrative expense claim until Chapter 7 trustee informs the court that sufficient funds exist in the estate to pay Chapter 7 administrative expenses and preconversion Chapter 11 administrative expenses); In re Cardinal Industries, Inc., 109 B.R. 738, 742 (Bankr. S.D. Ohio 1989) (considering the status of the case, the likelihood that all administrative expense claims will be paid in full, and the ability of the claimant to repay any amount which later turns out to be in excess of payments to other administrative expense claimants in determining whether an immediate payment of administrative expense claims should be made).
Other objecting parties argue that they are similarly situated to movant and
2:30 PM
are entitled to payment of administrative expense claims as well, and it seems it would be burdensome to the parties and the estate to litigate all of these claims now before the trustee's administration of the case is not completed and the trustee does not know at this time whether there are sufficient funds to pay Chapter 7 administrative expenses and preconversion administrative expense claims.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because there are material issues of fact for trial regarding whether movant has made a substantial contribution, which is disputed by other parties. The parties should meet and confer regarding their pretrial needs and a proposed pretrial and trial schedule. Appearances are required on 6/26/18 to discuss scheduling of pretrial and trial proceedings, but counsel may appear by telephone.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Docket 81
Grant creditor's motion to extend its deadline to file adversary complaint to object to discharge for the reasons stated in the moving papers and for lack of timely written opposition. Movant has demonstrated reasonable diligence in its investigation of debtor's financial affairs in learning of information about possible grounds for objecting to discharge at debtor's first meeting of creditors on 9/26/18 with a followup meeting of creditors on 11/14/18 after the objection deadline of 11/5/18. Appearances are optional on 11/27/18, but counsel may appear by telephone. Creditor to submit a proposed order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
fr. 10/23/18
Docket 257
Off calendar. Continued by stipulation and order to 1/15/19 at 2:30 p.m. No appearances are required on 11/27/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
fr. 10/23/18
Docket 258
Off calendar. Continued by stipulation and order to 1/15/19 at 2:30 p.m. No appearances are required on 11/27/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 101
Off calendar. Motion voluntarily dismissed by stipulation and order. No appearances are required on 11/27/18.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 20
Off calendar. Continued by stipulation and order to 12/11/19 at 2:30 p.m. No
appearances are required on 11/27/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Represented By
William Charles Tanenbaum
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Updated tentative ruling as of 11/26/18. Off calendar. Continued by
stipulation and order to 12/11/19 at 2:30 p.m. No appearances are required on 11/27/18.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Off calendar. Continued by stipulation and order to 12/11/19 at 2:30 p.m. No
appearances are required on 11/27/18.
Prior tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 34
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Eliseo Cruz Cruz Represented By Dana C Bruce
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 31
Grant in part and deny in part plaintiff's motion to extend discovery cutoff date and to continue pretrial conference, and grant extension of discovery cutoff date for all parties (and not just for plaintiff) to 1/31/19 and continue the pretrial conference from 12/11/18 at 2:00 p.m. to 3/12/19 at 2:00 p.m. and the deadline to file the joint pretrial stipulation to 3/5/19. Plaintiff has demonstrated reasonable diligence in discovery, and defendant has not demonstrated prejudice if the motion is granted. Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 122
Grant debtor's motion to further extend plan exclusivity periods for the reasons stated in the moving and reply papers. Appearances are required on 11/27/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 26
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 11/27/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Mario Alberto Palacios Represented By Ruben Fuentes
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 533
Updated tentative ruling as of 11/26/18. In light of trustee's notice of withdrawal of opposition to the motion, grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including stay annulment to the date of movant's loan of 9/1/17, for the reasons stated in the moving papers and for lack of outstanding timely written opposition. Deny requests for extraordinary relief in paragraphs 4, 10, 11 and 14 for lack of legal and/or evidentiary support. In re Van Ness, 399
B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Appearances are optional on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the moving and opposing papers and is of the view that the motion should denied or withdrawn because that the relief sought should be requested in the Bricks Hospitality Group, LLC involuntary bankruptcy case before Judge Robles and that it appears to the court that the amended petition in this case adding Bricks as a dba is bogus.
10:00 AM
It does not appear to the court to be a good idea for trustee to administer the asset in this case for the same reason. Appearances are required on 11/13/18, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/9/18. Off calendar. Since creditor's motion to dismiss has been resolved by stipulation and order, the court on its own motion continues the status conference in this case to 8/29/18 at 11:00 a.m. A status report is due on 8/22/18. No appearances are required on 5/10/18.
Updated tentative ruling as of 5/7/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 5/10/18.
Prior tentative ruling as of 4/5/18. No tentative ruling on the merits. Appearances are required on 4/12/18.
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on 12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation
11:00 AM
and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
11:00 AM
Docket 229
No tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 232
- NONE LISTED -
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
Updated tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 300
Off calendar. Continued on the court's own motion to 12/19/18 at
Debtor(s):
Chestnut, LLC Represented By Raymond H. Aver
11:00 AM
Docket 59
Updated tentative ruling as of 11/6/18. The court has reviewed debtor's
status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/7/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Regarding United States Trustee's limited opposition to motion to close case on an interim basis, debtor needs to address the objection regarding unpaid United States Trustee quarterly fees. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. The court notes that debtor filed a motion for order closing case on an interim basis with notice and opportunity for a hearing pursuant to LBR 9013-1(o). Debtor has not filed a declaration of non-opposition. The court is inclined to deny the motion without prejudice because there is no evidence in support of the assertions made in the motion. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed debtor's postconfirmation status report, reporting he anticipates filing a motion for final decree within the next 90 days. Appearances are required on 4/26/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's postconfirmation status report. No tentative ruling on the merits. Appearances are required on 11/30/16, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 51
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No tentative ruling as of 5/26/17. Appearances are required on 5/31/17.
Prior tentative ruling. Because the only votes on the plan were received after the deadline set by the court's balloting deadline of 3/22/17 in the court's order filed and entered on 2/15/17, none of the votes may be counted under the order and FRBP 3017(c) and 3018(a). Because none of the votes cast were timely in order to be counted under the court's deadline order, debtor has not shown that there is at least one impaired class of claims accepting the plan as required for confirmation under 11 U.S.C. 1129(a)(10), so the plan may not be confirmed. Thus, the court is inclined to deny confirmation, but the court would consider a request by debtor to seek relief by motion under FRBP 9006(b)(1) to enlarge the time to cast votes as to the late cast votes based on a sufficient showing of "excusable neglect". See In re Paul, 101
B.R. 228 (Bankr. S.D. Cal. 1989). Appearances are required on 5/3/17.
11:00 AM
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
[claim nos. 7,12, & 13 - Cindy Magleby and claim no. 16- Freid & Goldsman, APLC, both creditors] for creditors' failure to comply with pre-trial orders and prepare for trial
Docket 558
Off calendar. The court determines that oral argument is not necessary, dispenses with oral argument, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 11/28/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
Docket 54
Off calendar. The court determines that oral argument is not necessary, dispenses with oral argument, vacates the hearing, takes the motion under submission and has issued a written order ruling on the motion. No appearances are required on 11/28/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Cindy Magleby Represented By Michael J Conway Douglas M Neistat
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 266
Approve interim fee application of certified interpreters for unsecured creditors' committee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/28/18, but counsel and applicant may appear by telephone. Counsel or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Revised and updated tentative ruling as of 11/27/18. Off calendar.
Continued by stipulation and order to 2/6/19 at 11:00 a.m. Counsel for debtor to give telephone notice of continuance to trial attorney of Office of United States Trustee forthwith. No appearances are required on 11/28/18.
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 62
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
11:00 AM
Docket 337
No tentative ruling as of 11/27/18. Appearances are required on 11/28/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 102
The application needs to be more detailed in describing the services to be performed by special litigation counsel. Debtor needs to explain the justification for the representation in the criminal cases against him. Debtor also needs to explain the justification for having counsel based in Santa Monica to bring unlawful detainer actions at $350/hour when it would make more economic sense to have local unlawful detainer counsel resident in Riverside County handle UD matters to be filed in Riverside County for the Beaumont property. Otherwise, no tentative ruling as of 11/27/18.
Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 7/30/18, but the court requires 60 days notice of a bar date to creditors, which means notice must be served on all creditors by 5/31/18. The court is inclined to set a bar date of 8/10/18 with notice served by 6/8/18. Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes
11:00 AM
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
11:00 AM
Docket 11
The information in item 7.a(6) on adequate information in the motion is checked off indicating that adequate protection payments will be made, but information about the creditors and amounts to be paid is left blank.
Otherwise, no tentative ruling. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
fr. 10/24/18, 11/7/18, 11/14/18
Docket 103
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By
11:00 AM
Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
fr. 11/13/18
Docket 31
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
11:00 AM
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
1:30 PM
Docket 8
No tentative ruling as of 11/26/18. Appearances are required on 11/28/18.
Debtor(s):
Jose Antonio Santiago Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:16-01341 Dumas v. Wells
Docket 24
Updated tentative ruling as of 11/27/18. The court is inclined to grant the motion for the reasons stated in the moving and reply papers, including the amended proposed statement of uncontroverted facts and conclusions of law. Plaintiff has not, but will need, to upload the amended proposed statement of uncontroverted facts and conclusions of law on LOU if he wants the court to adopt it as an order of the court. Appearances are required on 11/28/18.
Prior tentative ruling. Off calendar. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Represented By Gary A Laff
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By
2:00 PM
Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:00 PM
Adv#: 2:16-01341 Dumas v. Wells
fr. 5/22/18, 9/12/18, 11/7/18
Docket 1
Updated tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Off calendar. Continued on the court's own motion by separate order to 11/7/18 at 2:00 p.m. No appearances are required on 9/12/18.
Prior tentative ruling as of 5/21/18. The court has reviewed the joint status report reporting the affirmance of the state court judgment in favor of plaintiff and against defendant. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. Off calendar. The court has reviewed the joint status report suggesting that the status conference be continued to May 2018 in light of the pending appeal in the related state court litigation where oral argument is estimated to be scheduled that month. The court on its own motion continues the status conference to 5/22/18 at 1:30 p.m. No appearances are required on 2/20/18.
Prior tentative ruling as 9/25/17. Off calendar. The court has reviewed the joint status report stating that the related state court appellate proceedings are still pending and that the status conference should be continued to February 2018. The court on its own motion continues the status conference to 2/20/18 at 1:30 p.m. Counsel for plaintiff is ordered to file and serve a notice of continuance of status conference. No appearances are required on 9/26/17.
2:00 PM
Prior tentative ruling as 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17 to update the status of the state appellate proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/27/17. The status conference will be delayed to 2:00 p.m. because the court has a commitment offsite at the lunch hour. The court has reviewed the joint status report discussing the status of the related proceedings before the state appellate court and requesting a continuance of the status conference pending the decision of the state appellate court. The court on its own motion continues the status conference to 9/26/17 at 1:30
p.m. and orders the parties to file a further joint status report by 9/19/17. No appearances are required on 3/28/17.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/4/16 to discuss scheduling of mediation and trial, and the arrangements for a stay of this adversary proceeding pending appellate review of judgment in related state court litigation, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Defendant(s):
Anthony Curtis Wells Pro Se
Plaintiff(s):
Jose L. Dumas Represented By
John Clark Brown Jr
Trustee(s):
Richard K Diamond (TR) Pro Se
9:00 AM
Docket 81
Updated tentative ruling as of 11/26/18. Off calendar. Since the outstanding objections to the motion have been withdrawn, the court granted trustee's now uncontested motion for abandonment based on the moving papers and the supplemental papers filed in support of the motion and vacated the hearing on 11/29/18 by written order. No appearances are required on 11/29/18.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. It appears that the opposing parties may seek a continuance of the status conference based on their ongoing litigation in the various adversary proceedings against the debtor, which is now in mediation. Appearances are required on 9/4/18 to discuss the status of the matter, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding the reasonableness of the trustee's exercise of business judgment to abandon all assets of the estate to the debtor. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of pretrial and trial proceedings, including what evidence or discovery they will need for trial. As a suggestion in response to the trustee's reply to the opposition of the two objecting creditors, the court would consider a continuance of the hearing to allow the objecting creditors and their counsel to meet and confer with the trustee to hear in detail why the trustee believes that the assets should be abandoned. Appearances are required on 5/29/18, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
9:00 AM
Debtor(s):
Anthony Roy Martinez Represented By
Andrew Edward Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Alan I Nahmias
Stephen F Biegenzahn
1:30 PM
fr. 8/8/18, 8/27/18, 11/14/18
Docket 390
Updated tentative ruling as of 11/26/18. Off calendar. Continued to 12/13/18
at 9:00 a.m. by order entered on 11/21/18. No appearances are required on 11/29/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits.
1:30 PM
Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 8/8/18, 8/27/18, 11/14/18
Docket 394
Updated tentative ruling as of 11/26/18. Off calendar. Taken off calendar on the court's own motion by separate order pending resolution of joint pretrial stipulation regarding contested matter of debtor's objection to claims of creditor Cindy Magleby. No appearances are required on 11/29/18.
Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30 p.m. No appearances are required on 11/14/18.
Corrected tentative ruling as of 11/13/18. Off calendar. Taken off calendar on the court's own motion by separate order pending resolution of joint pretrial stipulation regarding contested matter of debtor's objection to claims of creditor Cindy Magleby. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. Because the parties filed their joint pretrial statement late, the joint pretrial statement is voluminous and the parties in the related contested matter of Debtor's objection to the claim of Cindy Magleby, claimants' client, filed unilateral pretrial statements rather than a joint pretrial statement as required, the court intends to continue the pretrial conference for this matter to be coordinated with the pretrial conference for the contested matter of Debtor's objection to the claim of Cindy Magleby and to allow additional time for review of the joint pretrial statement. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits.
1:30 PM
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 11/26/18. Off calendar. Continued to 12/13/18
at 9:00 a.m. by order entered on 11/21/18. No appearances are required on 11/29/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status
1:30 PM
update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of
1:30 PM
creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 8/8/18, 8/27/18, 11/14/18
Docket 1
Updated tentative ruling as of 11/26/18. Off calendar. Continued to 12/13/18
at 9:00 a.m. by order entered on 11/21/18. No appearances are required on 11/29/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Docket 99
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
Docket 104
NONE LISTED -
NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 4/10/18, 8/8/18, 10/3/18
Docket 362
NONE LISTED -
No updated tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
No tentative ruling as of 4/9/18. Appearances are required on 4/10/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
1:30 PM
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/30/18, 5/1/18, 8/8/18
Docket 351
NONE LISTED -
No updated tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy
1:30 PM
Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 1/30/18, 5/1/18, 8/8/18
Docket 1
NONE LISTED -
No updated tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Plaintiff filed a motion for leave to file a further amended complaint, so the case may not be at issue until the motion is resolved. The motion is not noticed for hearing, but defendant to comment whether she opposes the motion. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
1:30 PM
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
1:30 PM
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 5/1/18, 8/8/18, 10/3/18
Docket 1
- NONE LISTED -
No updated tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/6/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
1:30 PM
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
1:30 PM
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court proceedings, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court notes procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 62
The motion is procedurally deficient because movant has not served the creditors included on the list filed pursuant to FRBP 1007(d) as required by FRBP 4001(a)(1). Deny the motion without prejudice for insufficient service or continue hearing to allow movant to properly serve the unserved creditors as required by FRBP 4001(a)(1). Otherwise, no tentative ruling on the merits. Appearances are required on 12/4/18, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Pro Se
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 7/10/18, 8/21/18, 10/23/18
Docket 1
Updated tentative ruling as of 12/3/18. Off calendar. Continued by stipulation and order to 2/12/19 at 1:30 p.m. No appearances are required on 12/4/18.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint status report and notes that the parties have not had their LBR 7026-1 conference. The court is inclined to continue the status conference until the parties have completed their LBR 7026-1 conference and suggests that they conduct the business of LBR 7026-1 conference before the status conference to obviate the need for a continuance. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
1:30 PM
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01246 Conchucos v. U.S. DEPARTMENT OF EDUCATION C/O FEDLOAN
Docket 1
Set a discovery cutoff date of 3/31/19, and a pretrial conference for 5/7/19 at 2:00 p.m. The joint pretrial stipulation must be filed on or before 4/30/19.
Appearances are required on 12/4/18.
Debtor(s):
Rafael H. Conchucos Represented By Shirlee L Bliss
Defendant(s):
U.S. DEPARTMENT OF Pro Se
Joint Debtor(s):
Diana Conchucos Represented By Shirlee L Bliss
Plaintiff(s):
Diana Conchucos Represented By Shirlee L Bliss
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
fr. 10/2/18, 10/23/18
Docket 36
Revised tentative ruling as of 12/3/18. Off calendar. Continued by stipulation and order to 1/29/19 at 1:30 p.m. No appearances are required on 12/4/18.
Revised tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18.
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Adv#: 2:16-01083 Diamond, Chapter 7 Trustee, Plaintiff v. Rana
#4.10 Cont'd status conference re: Complaint (1) To avoid and recover preferential transfers;
(2) To avoid and recover fraudulent or avoidable transfers; (3) For imposition of constructive trust; (4) For unjust enrichment; (5) For turnover; and
(6) To disallow claims
fr. 4/4/18, 7/31/18, 11/27/18
Docket 1
Revised tentative ruling as of 12/3/18. Off calendar. Adversary proceeding dismissed by stipulation and order by reason of settlement. No appearances are required on 12/4/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the
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merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 12/31/16 and a further status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation, parties to submit request for selection of mediator and alternate by 7/31/16, and complete mediation by 1/17/16. If the parties agree to these dates, appearances are optional on 4/26/16, and plaintiff to submit proposed scheduling order within 7 days of hearing if the parties agree to these dates. If the parties do not agree to these rulings and dates or if parties wish to discuss status of matter at status conference, appearances are required on 4/26/16, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Aj Rana Pro Se
1:30 PM
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01158 Diamond v. Vital Rehab Services, Inc.
For imposition of constructive trust; (3) For unjust enrichment; (4) For turnover; and (5) To disallow claims
fr. 4/4/18, 7/31/18, 11/27/18
Docket 1
Revised tentative ruling as of 12/3/18. Off calendar. Adversary proceeding dismissed by stipulation and order by reason of settlement. No appearances are required on 12/4/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/3/18. Off calendar. The court has reviewed the joint status report stating that the matter is settled and requesting a continuance of 90 to 120 days. The court on its own motion continues the status conference to 7/31/18 at 1:30 p.m., and a joint status report is due on 7/24/18. No appearances are required on 4/4/18, and counsel for plaintiff to notify counsel for defendant of the continuance.
No updated tentative ruling as of 9/1/17. Appearances are required on 9/5/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. The court has reviewed the joint status report advising that the matter is being settled. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 5/22/17. Off calendar. The court has reviewed the joint status report requesting a 60 day continuance of the status conference for the parties to consummate their settlement. The court on its own motion continues the status conference to 7/25/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 5/23/17.
Revised tentative ruling as of 3/20/17. Off calendar. The court has reviewed the joint status report as well as the supplement filed on 3/17/17 reporting that the parties reached a settlement during mediation and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 5/23/17 at 1:30 p.m. in order for the parties to finalize their settlement. No appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/24/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Vital Rehab Services, Inc. Pro Se
1:30 PM
Plaintiff(s):
Richard K. Diamond Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 1303
Revised tentative ruling as of 12/4/18. The court withdraws the tentative ruling as to whether the motion was late-filed because the docket shows that trustee filed the motion on time on 11/13/18, but had to refile the motion on 11/14/18 due to an incorrect docketing code when originally filed. Thus, the motion was timely filed. In reconsidering the motion, the court will grant the motion for the reasons stated in the moving papers. Debtor has not sufficiently described the particular assets claimed as exempt in order for the trustee to investigate the exemptions either on his Schedule C to his bankruptcy petition or in his opposing papers. 11 U.S.C. 522(l); FRBP 4003(a). "The property must be set forth in sufficient detail to permit the bankruptcy trustee to investigate the exemptions." 2 March, Ahart and Shapiro, California Practice Guide: Bankruptcy, paragraph 7:210 at 7-27 -
7-28 (2017), citing Payne v. Wood, 775 F.2d 202, 207 (7th Cir. 1985). The trustee has shown that there is no such property that could be claimed as exempt that meets the description of paid earnings or retirement accounts that qualify for the claimed exemptions under California Code of Civil Procedure Sections 704.070 and 704.115 in light of debtor's final account filed at the time of conversion of the case to Chapter 7, and debtor has not sufficiently identified in his Schedule C or his opposition, or otherwise shown that there is property that could so qualify. Moreover, the court agrees with trustee that 11 U.S.C. 522(n) is not a proper statutory basis for an exemption as claimed by debtor. Thus, debtor has met his burden of proving his entitlement to the claimed exemptions under California law for his claimed California exemptions. In re Diaz, 547 B.R. 329, 337 (9thCir. BAP 2016), citing California Code of Civil Procedure Sections 703.580(b) and 704.780(a). Appearances are required on 12/4/18.
Revised and updated tentative ruling as of 12/3/18 at 4:30 p.m. With respect to the opposition to trustee's motion filed by debtor's spouse, Kristen Whitney, purported on debtor's behalf, the court notes that debtor as a self-represented
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party must appear on his own behalf pursuant to Local Bankruptcy Rule 9011-2, and Ms. Whitney, who is not an attorney at law admitted to practice before the federal courts in the Central District of California, may not represent him. To the extent that Ms. Whitney asserts that debtor is incompetent to represent himself, she cannot do it for him, and she has not been appointed by the court to serve as a guardian ad litem for him in accordance with Federal Rule of Bankruptcy Procedure 1004.1.
Deny trustee's motion objecting to debtor's claimed exemptions in part with prejudice and in part without prejudice because trustee's motion is untimely, not being filed within 30 days of the conclusion of the 11 U.S.C. 341(a) meeting of creditors on 10/12/14 (ECF 1295) as required by Federal Rule of Bankruptcy Procedure 4003(b)(1). The last day of the 30 day period after the conclusion of the creditors' meeting fell on a Sunday, 11/11/18, which meant that trustee had until the next day not a Saturday, Sunday or a legal holiday under Federal Rule of Bankruptcy Procedure 9006(a) to file the motion objecting to exemptions, which would have been 11/13/18, a Tuesday, since 11/12/18, a Monday which was observed as a legal holiday for Veterans' Day. Trustee's motion was filed on 11/14/18, a day late, and thus, the property claimed as exempt remains exempt, if it exists (although counsel's signatures on the motion and counsel declaration are dated 11/13/18, the case docket reflects that the motion was filed on 11/14/18 at "11:22:37," or at 11:22 a.m.). See Preblich v. Battley, 181 F.3d 1048, 1052 (9th Cir. 1999)("Unless a 'party in interest' files a 'timely' objection to the debtor's claim of exemption, the property claimed as exempt on such list is deemed exempt and any argument that the property is not exempt is waived."), citing inter alia, 11 U.S.C. 522(l) and Federal Rule of Bankruptcy Procedure 4003(b). The motion is denied with prejudice as to the claimed exempt property to the extent it exists.
However, it is unclear whether such exempt property exists or the property that the trustee is holding in the estate is such exempt property because the property listed on debtor's final report and account, ECF 761, filed on 2/13/17, does not include property that could be claimed as exempt. Trustee is seeking declaratory relief that the real estate assets that he is holding is not exempt, but fails to describe such assets in his moving papers or provide any evidence showing what these real estate assets are. Thus, the court denies the motion because there is insufficient information or evidence to tell whether the property is subject to the exemption, but the denial is without
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prejudice to trustee's showing in a future motion that such assets are not property covered by the claimed exemptions (if the property is covered by the claimed exemption, it would be exempt because there was no timely objection to the exemption).
Appearances are required on 12/4/18.
Debtor(s):
Fred Matthew Adelman Represented By Gary E Devlin Fahim Farivar Dare Law
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
D Edward Hays Kristine A Thagard
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 85
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/4/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Gerardo Iniguez Represented By Grace White
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
[Caceres & Shamash, LLP, Attorney for Chapter 7 Trustee]
Docket 83
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/4/18, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Gerardo Iniguez Represented By Grace White
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
[Hahn Fife & Company, Accountant for Chapter 7 Trustee]
Docket 77
Off calendar. The court has authorized employment and payment of fees of accountant for trustee by order filed and entered on 8/24/18, and fees are included in the trustee's final report. No appearances are required on this matter on 12/4/18.
Debtor(s):
Gerardo Iniguez Represented By Grace White
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
fr. 11/6/18
Docket 221
Off calendar. Application withdrawn by notice of voluntary dismissal filed on 11/26/18. No appearances are necessary.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
2:30 PM
Docket 230
Off calendar. Application withdrawn by notice of voluntary dismissal filed on 11/26/18. No appearances are necessary.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz Tamar Terzian
Trustee(s):
Wesley H. Avery Pro Se
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 28
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/4/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Ary Jorge Andres Aguilar Represented By Stephen L Burton
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
fr. 1/31/18, 6/6/18, 8/8/18
Docket 2112
NONE LISTED -
Off calendar. Matter resolved by stipulation and order. No appearances are necessary.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Thomas M Geher David W. Meadows David W. Meadows Jerome S Cohen Jerome S Cohen Carolyn A Dye Carolyn A Dye
10:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 1/31/18, 6/6/18, 8/8/18
Docket 2000
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on
10:00 AM
2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
fr. 1/31/18, 6/6/18, 8/8/18
Docket 2004
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
10:00 AM
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
Docket 1
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
10:00 AM
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 1
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of
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the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post-
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confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 140
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/5/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics and expects to issue a ruling by 11/30/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances
11:00 AM
are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on
11:00 AM
6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating
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trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
Docket 479
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
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Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney
11:00 AM
Fahim Farivar
11:00 AM
Docket 157
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
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Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances
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are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 8/1/18, 10/3/18, 11/7/18
Docket 482
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the
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hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from
11:00 AM
witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the
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status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but
11:00 AM
counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits.
11:00 AM
Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 11/7/18
Docket 554
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling. The motion is deficient because: (1) not all creditors were served as required by FRBP 2002(a)(2), 4001(c)(1)(C), 9013, 9014 and 9109, and the unserved creditors from the creditor mailing matrix are: Trope and Trope LLP, LEA Accountancy LLP, Absolute Resolutions Investments, LLC and Leonard L. Gumport; (2) the mandatory court form, F
4001-2.STMT.FINANCE, was not filed as required by LBR 4001-2(a). The court is inclined to continue the hearing so debtor can correct these deficiencies. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 372
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 12/5/18 at 11:00 a.m. No appearances are required on 11/7/18.
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing
11:00 AM
papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
$2,884.39.
fr. 8/28/18, 10/24/18
Docket 98
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Revised and updated tentative ruling as of 10/22/18 at 5:30 p.m. Off calendar. Off calendar. Continued to 12/5/18 at 11:00 a.m. by order granting debtor's motion for continuance filed on or about 10/22/18. No appearances are required on 10/24/18.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
Docket 328
NONE LISTED -
Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Docket 1
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/5/18, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 12
NONE LISTED -
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
Docket 20
NONE LISTED -
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
Docket 27
NONE LISTED -
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
Docket 1
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but
11:00 AM
counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
fr. 11/28/18
Docket 229
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
fr. 11/28/18
Docket 232
NONE LISTED -
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances
11:00 AM
are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:30 AM
fr. 11/28/18
Docket 337
NONE LISTED -
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
No tentative ruling as of 11/27/18. Appearances are required on 11/28/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
fr. 11/14/18
Docket 180
Updated tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By
1:30 PM
Raymond H. Aver
9:00 AM
Adv#: 2:17-01153 Michael C. Lin, Trustee of The Hellion Trust v. Martinez
Docket 1
Updated tentative ruling as of 11/27/18. Based on the oral ruling of the court at the pretrial conference on 11/27/18, the court vacated the trial set for 12/6/18. No appearances are required on 12/6/18.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/17. No tentative ruling on the merits. Appearances are required on 12/19/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
9:00 AM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Michael C. Lin, Trustee of The Represented By Henry D Paloci
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
fr. 11/30/18
Docket 104
Revised tentative ruling as of 12/6/18. Off calendar. Continued to 12/14/18 at 1:30 p.m. by order entered on 12/4/18. No appearances are required on 12/6/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 11/30/18
Docket 99
Revised tentative ruling as of 12/6/18. Off calendar. Continued to 12/14/18 at 1:30 p.m. by order entered on 12/4/18. No appearances are required on 12/6/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 12/5/18
Docket 20
Revised tentative ruling as of 12/6/18. Off calendar. Continued to 12/14/18 at 1:30 p.m. by order entered on 12/4/18. No appearances are required on 12/6/18.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 12/5/18
Docket 27
Revised tentative ruling as of 12/6/18. Off calendar. Continued to 12/14/18 at 1:30 p.m. by order entered on 12/4/18. No appearances are required on 12/6/18.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 12/5/18
Docket 12
Revised tentative ruling as of 12/6/18. Off calendar. Continued to 12/14/18 at 1:30 p.m. by order entered on 12/4/18. No appearances are required on 12/6/18.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
9:00 AM
Docket 12
Off calendar. Motion resolved by stipulation and order, and hearing vacated. No appearances are necessary.
Debtor(s):
Ulis Perez Avina Represented By
Michelle A Marchisotto
Joint Debtor(s):
Marina Alexandra Reyes Represented By
Michelle A Marchisotto
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 265
Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 12/11/18.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
Movant(s):
Christiana Trust, a division of Represented By Jeannette Marsala John P Ward
HSBC Bank USA, National Represented By Kelly M Raftery
10:30 AM
Docket 28
Deny movant's requests for extraordinary relief in paragraphs 7 and 9 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Deny movant's request for relief under 11 U.S.C. 362(b)(22) that there is no stay since movant has not met the conditions of these provisions with evidence of a valid judgment for possession under 11 U.S.C. 362(b)(22) (movant's judgment was obtained in violation of the automatic stay after the bankruptcy case was filed).
Deny movant's request for relief under 11 U.S.C. 362(b)(23) that there is no stay since movant has not met the conditions of these provisions with evidence of debtor's endangerment of the subject property or illegal use of controlled substances on such property under 11 U.S.C. 362(b)(23).
Deny debtor's request for damages based on alleged violation of stay without prejudice because movant will need to bring his own motion for contempt under Local Bankruptcy Rule 9020-1 for the court to consider the stay violation as a contempt proceeding.
Grant movant's request for stay relief under 11 U.S.C. 362(d)(1) and (2) for cause to allow movant to pursue its nonbankruptcy legal remedies, such as prosecuting his unlawful detainer action in state court because debtor has no interest in the subject real property, thus, the property is not needed for the reorganization of debtor since this is a liquidation case, and there is no bankruptcy purpose to keep the stay in place because there is no value in debtor's residential tenancy for the Chapter 7 trustee to administered for the creditors. However, the unlawful detainer judgment obtained by movant in violation of stay is void. The unlawful detainer case will have to be redone,
10:30 AM
and debtor can raise any defense he may have under state law, such as retaliatory eviction, in the unlawful detainer action in the state court.
Appearances are required on 12/11/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
John Donald Marshall Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 8
Deny stay relief motion as moot because the case was dismissed on 11/8/18. Appearances are optional on 12/11/18, but counsel may appear by telephone.
Debtor(s):
Joseph Flores-Beauchamp, Trustee Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By
11:00 AM
Raymond H. Aver
1:30 PM
Adv#: 2:17-01535 Grand View Financial, LLC v. Tan et al
fr. 1/16/18
Docket 1
Updated tentative ruling as of 12/10/18. Set a discovery cutoff date of 4/30/19 and a pretrial conference for 6/11/19 at 2:00 p.m. with the filing of the joint pretrial stipulation due on 6/4/19. Appearances are required on 12/11/18 to discuss scheduling and plaintiff's request for mediation referral, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report, but notes that the status report is incomplete because page 3 of the form status report is missing. Set a discovery cutoff date of 11/30/18 and a further postdiscovery status conference for 12/11/18 at 1:30 p.m. with a joint status report due on 12/4/18. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
Stella Tan Represented By
Larry D Webb Wei Guo Tan, Trustee of the Sunlight Pro Se
1:30 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 5/15/18, 5/22/18
Docket 1
Updated tentative ruling as of 12/10/18. Off calendar. Continued to 3/12/19 at 2:00 p.m. by ruling at hearing on 11/27/18. No appearances are required on 12/11/18.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
2:00 PM
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 136
As of 12/7/18, applicant had not met the requirement under LBR 2016-1(a)(1)
(J) of separately filed client declaration that the client has reviewed the application and no objection to it, that is, applicant will need to submit the declaration of the current client representative, the current trustee, not just the declaration of the prior client representative, the former trustee. However, on 12/7/18, the current trustee submitted a declaration on the application, but she objects to all of the claimed allowance repographic expenses or photocopy charges. It is unclear whether or not she objects to the claimed fees because she "elected" not to question any time because the case is insolvent and none of the professionals will receive more than 25 to 30% of the fees. The court will consider the application as a contested matter and will expect that the current trustee to do her duty as a fiduciary of the estate and review the fees themselves and decide ti interpose objections or not, or otherwise, the court will deem her objections waived. Because the current trustee did not file her declaration on the application until 12/7/18, two business days before the hearing, the court did not review the application on the merits because it did not have her declaration as the client until then, and given the voluminous nature of the application, the court has not reviewed the 500-page application consisting of mainly fee and cost entries. The court is disinclined to rule on the application the court has adequate information on what is the status of administration of the estate, when a final report and account will be filed, how much the estate is administratively insolvent, how much will be needed to fully administer the estate and what impact any interim fee award would have on the assets of the estate. Either the court can treat the application as a contested matter which will be litigated now, or the court will reserve ruling on the application until the trustee is ready to file a final report and account and the application can be heard on a final basis. Appearances are required on 12/11/18, but counsel, trustee and applicant may appear by telephone.
2:30 PM
Debtor(s):
Henry Isaac Bushkin Represented By Leslie A Cohen
Trustee(s):
Diane C Weil (TR) Represented By Aaron E de Leest
2:30 PM
Docket 138
Because the trustee has not given notice of intent to file a final report and account in this case, the court will treat the fee application on an interim basis only pursuant to LBR 2016-1. As for the interim fee application of Danning Gill, former general bankruptcy court for predecessor and current trustees, the court is disinclined to rule on the application the court has adequate information on what is the status of administration of the estate, when a final report and account will be filed, how much the estate is administratively insolvent, how much will be needed to fully administer the estate and what impact any interim fee award would have on the assets of the estate. Without such information, the court may reserve ruling on the application until the trustee is ready to file a final report and account and the application can be heard on a final basis.
Appearances are required on 12/11/18, but counsel and applicant may appear by telephone.
Debtor(s):
Henry Isaac Bushkin Represented By Leslie A Cohen
Trustee(s):
Diane C Weil (TR) Represented By Aaron E de Leest
2:30 PM
Application for fees and expenses [Timothy J. Yoo, Chapter 7 Trustee]
Docket 119
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/11/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Arsenia Morales Liwanag Represented By Nicholas M Wajda
Trustee(s):
Timothy Yoo (TR) Represented By Lindsey L Smith Jeffrey L Sumpter
2:30 PM
[Levene Neale Bender Yoo & Brill, LLC, Attorney for Chapter 7 Trustee]
.
Docket 117
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/11/18, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Arsenia Morales Liwanag Represented By Nicholas M Wajda
Trustee(s):
Timothy Yoo (TR) Represented By Lindsey L Smith Jeffrey L Sumpter
2:30 PM
[Jeffrey L. Sumpter, Tax Preparer for Chapter 7 Trustee]
.
Docket 117
Off calendar. The court has already approved applicant's employment and fee by prior order, and a fee application is not required. Approval of payment of the fee is included in the trustee's final report and account, which is being considered separately. No appearances are required on 12/11/18.
Debtor(s):
Arsenia Morales Liwanag Represented By Nicholas M Wajda
Trustee(s):
Timothy Yoo (TR) Represented By Lindsey L Smith Jeffrey L Sumpter
2:30 PM
L.L.P. for approval of fees and reimbursement of expenses
Docket 617
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Appearances are required on 12/11/18 to discuss scheduling and the parties' discovery and other pretrial needs, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
2:30 PM
Docket 618
Approve final fee application of Friedman, Kannenberg & Co., accountant for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/11/18, but applicant and counsel may appear by telephone. Counsel or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
2:30 PM
Docket 619
Approve final fee application of Liner Law Group, special litigation counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/11/18, but applicant and counsel may appear by telephone. Counsel or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
2:30 PM
Docket 284
Overrule objection of Erik Cooper to trustee's motion based on alleged service deficiencies because the evidence is undisputed based on service declarations of counsel and its office staff that service was proper, that the original copy of the moving papers served on 10/31/18 was legible and that the letter sized copy of the moving papers was served by priority mail on Cooper on 11/7/18, 34 days before the noticed hearing (exceeding the minimum notice of 21 days before the hearing).
Overrule objections of Erik Cooper and John Frick in their joint objection to trustee's motion because the opposition was not timely filed and served 14 days before hearing as required by Local Bankruptcy Rule 9013-1(f) and may be deemed to consent to granting of relief adverse to them under Local Bankruptcy Rule 9013-1(h), the parties do not have standing to object as they stated in their opposition to the trustee's motion to disallow their judgment liens that they are not asserting a lien or a claim against the estate and are not thus creditors of the estate and their objections otherwise lack merit.
Grant trustee's motion for order approving settlement agreement and approving sale of assets and overbid procedures for the reasons stated in the moving papers, except disapprove requirement of a minimum overbid of
$75,000 as unreasonable, but approve minimum overbid requirement of
$55,000 ($5,000 over the proposed sales price). The moving papers demonstrate that the motion should be approved pursuant to Federal Rule of Bankruptcy Procedure 9019 the settlement was negotiated in good faith by the trustee and the setting parties in an arms length negotiation, the trustee has a reasonable belief that the proposed settlement negotiable under the facts based on the information relating to the execution of the will by the decedent bequeathing certain real property to the settling party rather than
2:30 PM
debtor and the written opinions of her examining doctors regarding her competency to execute the will, the settlement is fair and equitable, considering the probability of success in the litigation of a will contest where there is likely substantial evidence to support a finding of the decedent's competency to execute the will bequeathing the property to the settling party, the existence of difficulties in collection on a judgment in light of having to litigate a will contest action in the state court, the complexity of the litigation involved, a will contest case in state court which will involve expense, inconvenience and delay necessarily attending it from having to litigate a factually difficult matter regarding the mental competency of a decedent requiring expense of medical expert witness testimony where there was already medical expert opinions given of decedent's competency at or about the time she executed the subject will, and the paramount interest of the creditors and a proper deference to their reasonable views, here, the paramount interest of creditors is a reasonable settlement as proposed here to avoid the uncertainty and expense of litigation, and there is no opposition from creditors to the settlement (the objections of the Cooper and Frick parties do not count here as views of the creditors since they are not creditors of the estate since they make no claim against the estate). In re A & C Properties, 784 F.2d 1377, 1381-1382 (9th Cir. 1986).
No tentative ruling on determination of purchaser in good faith under 11
U.S.C. 363(m).
Appearances are required on 12/11/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 289
Deny trustee's motion to disallow notices of judgment lien without prejudice because it is a proceeding to determine the validity, priority or extent of a lien or other interest in property and related declaratory relief, which must be by adversary proceeding pursuant to Federal Rule of Bankruptcy Procedure 7001(2) and (9).
Deny trustee's request for sanctions for automatic stay violations under 11
U.S.C. 362(k) because a Chapter 7 trustee lacks standing to seek such relief because he is not an "individual" for purposes of 11 U.S.C. 362(k). In re Pace, 67 F.3d 187, 192-193 (9th Cir. 1995)(applying predecessor statute, 11
U.S.C. 362(h)).
Deny all requests for relief in the joint objection of Erik Cooper and John Frick without prejudice because such requests for relief are not properly raised in their objection, but must be by motion as required by Federal Rule of Bankruptcy Procedure 9013 because they are requests for an order, and as such, must comply with the procedural requirements of Local Bankruptcy Rule 9013-1 governing motions before this court. The joint objection of Cooper and Frick is not a motion which complies with Local Bankruptcy Rule 9013-1.
Deny trustee's requests to strike pleadings and levying sanctions against Erik Cooper and John Frick without prejudice because such requests for relief are not properly raised in their objection, but must be by motion as required by Federal Rule of Bankruptcy Procedure 9013 because they are requests for an order, and as such, must comply with the procedural requirements of Local Bankruptcy Rule 9013-1 governing motions before this court. The trustee's requests to strike and levy sanctions is not a motion which complies with
2:30 PM
Local Bankruptcy Rule 9013-1.
Appearances are required on 12/11/18.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 38
Grant trustee's motion for authority to compromise controversy and pay one- half share of mediator's fee for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 12/11/18, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Docket 40
Approve first interim fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/4/18, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 8/21/18, 9/25/18, 11/6/18
Docket 32
Off calendar. Continued by stipulation and order to 1/29/19 at 2:30 p.m. No appearances are required on 12/11/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 20
Off calendar. Continued by stipulation and order to 1/9/19 at 11:00 a.m. No appearances are required on 12/11/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Represented By
William Charles Tanenbaum
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Updated tentative ruling as of 12/10/18. Off calendar. Continued by stipulation and order to 1/9/19 at 11:00 a.m. No appearances are required on 12/11/18.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Updated tentative ruling as of 12/10/18. Off calendar. Continued by stipulation and order to 1/9/19 at 11:00 a.m. No appearances are required on 12/11/18.
Prior tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 53
Off calendar. Matter resolved by stipulation and order. No appearances are required on 12/11/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
10:00 AM
fr. 6/6/18, 8/8/18, 12/5/18
Docket 2004
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
10:00 AM
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 6/6/18, 8/8/18, 12/5/18
Docket 2000
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
No updated tentative ruling as of 8/14/17. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
10:00 AM
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/16. Appearances are required on 11/30/16, but counsel may appear by telephone.
No tentative ruling as of 9/19/16. The court has not completed its review of the application and will continue the hearing. Appearances are required on 9/21/16 to discuss continuance, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
Docket 1
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 10:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
10:00 AM
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 81
Grant debtor's motion to extend time periods under 11 U.S.C. 1129(e) for the reasons stated in the moving papers and for the lack of timely written opposition. Appearances are optional on 12/12/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 74
Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m.
No appearances are required on 12/12/18.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
fr. 11/28/18, 12/5/18
Docket 229
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
fr. 11/28/18, 12/5/18
Docket 232
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing
11:00 AM
United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 1
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
11:00 AM
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 479
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow
11:00 AM
Michael T Delaney Fahim Farivar
11:00 AM
fr. 10/3/18, 11/7/18, 12/5/18
Docket 482
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. The court is still deliberating after trial and does not expect a decision by 12/31/18, most likely, January 2019. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15,
11:00 AM
but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee
11:00 AM
application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
11:00 AM
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 140
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/5/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics and expects to issue a ruling by 11/30/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and
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Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses
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with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
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Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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fr. 11/7/18, 12/5/18
Docket 554
Updated tentative ruling as of 12/10/18. Grant debtor's motion to approve settlement with Banc of California, N.A., for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 12/12/18, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling. The motion is deficient because: (1) not all creditors were served as required by FRBP 2002(a)(2), 4001(c)(1)(C), 9013, 9014 and 9109, and the unserved creditors from the creditor mailing matrix are: Trope and Trope LLP, LEA Accountancy LLP, Absolute Resolutions Investments, LLC and Leonard L. Gumport; (2) the mandatory court form, F
4001-2.STMT.FINANCE, was not filed as required by LBR 4001-2(a). The court is inclined to continue the hearing so debtor can correct these deficiencies. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By
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Illyssa I Fogel
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Docket 372
Updated tentative ruling as of 12/10/18. In light of the tentative ruling to grant debtor's motion to approve settlement with Banc of California, N.A., also on calendar, appearances are optional on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 12/5/18 at 11:00 a.m. No appearances are required on 11/7/18.
Updated tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because
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the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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$2,884.39.
fr. 8/28/18, 10/24/18, 12/5/18
Docket 98
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18 to discuss scheduling of the evidentiary hearing on debtor's objections to the fee application, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Revised and updated tentative ruling as of 10/22/18 at 5:30 p.m. Off calendar. Off calendar. Continued to 12/5/18 at 11:00 a.m. by order granting debtor's motion for continuance filed on or about 10/22/18. No appearances are required on 10/24/18.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
fr. 11/28/18, 12/5/18
Docket 337
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
No tentative ruling as of 11/27/18. Appearances are required on 11/28/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
fr. 12/5/18
Docket 328
Updated tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Docket 1
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No
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tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/5/18, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
9:00 AM
fr. 8/27/18, 11/14/18, 11/29/18
Docket 390
Updated tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto.
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Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
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Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
9:00 AM
Docket 174
Updated tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but
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counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis
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and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
9:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 8/27/18, 11/14/18, 11/29/18
Docket 1
Updated tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it
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lacks the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
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Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Docket 11
Updated tentative ruling as of 12/10/18. Off calendar. Continued by
stipulation and order to 1/18/19 at 9:00 a.m. No appearances are required on 12/13/18.
Prior tentative ruling as of 11/5/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 11/8/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because it appears that there are disputed issues of material fact regarding debtor's good faith in requesting conversion of the case to Chapter 13 and debtor's income eligibility for Chapter 13 based on her amended schedules asserting a family contribution from her brother. See In re Deutsch, 529 B.R. 308 (Bankr.
C.D. Cal. 2015). The court has questions about trustee's estimate of $55,000 in anticipated Chapter 7 administrative expenses which seem awfully high in this case still in its early stages. Appearances are required on 9/18/18 to discuss scheduling of an evidentiary hearing to resolve disputed issues of material fact on the motion, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By David S Hagen
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
1:30 PM
fr. 12/5/18, 12/6/18
Docket 20
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
fr. 11/30/18, 12/6/18
Docket 99
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
No tentative ruling as of 12/3/18. Appearances are required on 12/6/18, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
fr. 11/30/18, 12/6/18
Docket 104
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
No tentative ruling as of 12/3/18. Appearances are required on 12/6/18, but counsel and applicant may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
fr. 12/5/18, 12/6/18
Docket 27
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
fr. 12/5/18, 12/6/18
Docket 12
Updated tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/6/18 at 10:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 10/3/18, 11/8/18
Docket 237
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/2/18. Sustain debtor's evidentiary objections to paragraph 7 of the declaration of Gregory S. Kim, and overrule the remaining objections. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 9/12/18, 10/3/18, 11/8/18
Docket 232
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling. Deny without prejudice for lack of sufficient notice since not all creditors on the case mailing matrix were served as required by FRBP 9019, 2002 and 9013, including AEC Logistics Corp., BMW Financial Services NA, LLC, Flacco Truck Repair, Internal Revenue Service, Los Angeles County Treasurer and Tax Collector, Nissan and Wells Fargo Financial Leasning Inc., and some creditors were served, but not at all addresses indicated on the mailing matrix. Debtor needs to serve creditors at all of the addresses indicated on the mailing matrix, absent an adequate evidentiary showing that its service list is completely accurate.
The court agrees with debtor that the creditors opposing the motion have not addressed the factors in In re A & C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986), that is, the probability of success in the litigation, the difficulties, if any, to be encouraged in the matter of collection, the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it and the paramount interest of the creditors and a proper deference to their reasonable views. The objecting creditors merely argue that without discovery, it is premature and not reasonable to evaluate the settlement at this time, and the settlement presents negligible and/or insignificant benefit to
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the creditors as a whole. These arguments do not address the arguments raised by the motion that the settlement is fair and equitable, given the hazards and cost of the litigation and that the settlement provides value to the estate, which has not been shown to be greater otherwise if the case is not settled, that is, the objecting creditors have not shown that there would be any greater benefit to the estate and creditors through litigation. Saying the settlement is of negligible and/or insignificant benefit does not show that there is a better alternative.
Appearances are required on 9/12/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 9/19/18, 10/3/18, 11/8/18
Docket 217
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
fr. 10/3/18, 11/8/18
Docket 250
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
No tentative ruling as of 10/2/18. Appearances are required on 10/3/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
Docket 1
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on
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7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 9/19/18, 10/3/18, 11/8/18
Docket 13
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
10:00 AM
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Movant(s):
Ji Kun Lim Represented By
Mette H Kurth
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
Docket 8
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court agrees with defendants that actions to set aside fraudulent transfers of assets of a bankruptcy debtor belongs to the bankruptcy estate and may be the basis for a motion to dismiss because actions to collect upon assets of the estate are subject to the automatic stay and relief from stay has not been obtained by the plaintiffs. In re MortgageAmerica Corp., 714 F.2d 1266, 1275 (5th Cir. 1983); In re Curry & Sorenson, Inc., 57 B.R. 824, 827-828 (9th Cir. BAP 1986); but see, In re Colonial Realty Co., 980 F.2d 125, 130-132 (2nd Cir. 1992). As noted by plaintiffs, there is a division in circuit authority as to whether property of the
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bankruptcy estate includes property subject to a fraudulent transfer avoidance action is part of the bankruptcy estate before the avoidance action. See Peter Spero, Fraudulent Transfers, Prebankruptcy Planning and Exemptions, Section 3.3 (Westlaw online Sept. 2017 update), citing, In re MortgageAmerica Corp., supra; In re Colonial Realty Co., supra; Rajala v.
Garner, 709 F.3d 1031 (10th Cir. 2013); In re Allen, 768 F.3d 274 (3rd Cir. 2014). There is no definitive case authority in the Ninth Circuit, though the Bankruptcy Appellate Panel of the Ninth Circuit has stated that a fraudulent transfer avoidance action to recover property fraudulently transferred by a bankruptcy debtor is an asset of the debtor's bankruptcy estate. In re Curry & Sorenson, Inc., supra. The court will follow the BAP rule in Curry & Sorenson, Inc., as the current law of the Ninth Circuit.
Having said this, however, before the court rules on defendants' motions to dismiss, the court notes that plaintiffs could obtain authority of this court to allow them as parties other than the trustee or debtor-in-possession to pursue litigation on behalf of the estate (as opposed for themselves only). In re Curry & Sorenson, Inc., supra; In re Spauding Composites Co., 207 B.R. 899, 903 (9th Cir. BAP 1997). If plaintiffs are seeking to enforce their own interests as creditors, the court would thus grant the motions to dismiss, but if plaintiffs are seeking authorization from the court to pursue the litigation on behalf of the estate and its creditors, they should file and serve an appropriate motion, and the court would consider it subject to hearing from other interested parties.
Deny request for an order to show cause and/or sanctions for violation of stay since the stay is not intended to protect non debtor parties. 11 U.S.C. 362(a); see also, Ingersoll-Rand Financial Corp. v. Miller Mining Co., 817 F.2d 1424, 1427 (9th Cir. 1987). Moreover, it would be difficult to show civil contempt here that plaintiffs willfully violated a specific and definite order of the court by clear and convincing evidence, see, e.g., In re Dyer, 322 F.3d 1178.
1190-1191 (9th Cir. 2003), in bringing the fraudulent transfer action against defendants, given the uncertainity of the law as indicated by the lack of definitive case authority in the Ninth Circuit and otherwise divided circuit authority on the question of whether a fraudulently transferred property before avoidance is property of a debtor's bankruptcy estate circuit.
Appearances are required on 3/20/18, but counsel may appear by telephone.
10:00 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 9/19/18, 10/3/18, 11/8/18
Docket 43
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
10:00 AM
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 9/19/18, 10/3/18, 11/8/18
Docket 44
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
No tentative ruling as of 6/18/18. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Defendant(s):
Hong Joo Ra Represented By
Gregory S Kim
10:00 AM
Michael Beom Lee Represented By Gregory S Kim
Sam Kim Represented By
Gregory S Kim
Yoon Lee Represented By
Gregory S Kim
Chang Won Choi Represented By Gregory S Kim
Joon Rhee Represented By
Gregory S Kim
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Represented By
Mette H Kurth
10:00 AM
Adv#: 2:18-01043 B&O Logistics, Inc. et al v. Ra et al
fr. 9/19/18, 10/3/18, 11/8/18
Docket 1
- NONE LISTED -
Updated tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court continues the status conference on its own motion to 5/1/18 at 3:00 p.m. to be conducted with the further hearings on defendants' motion to dismiss and in light of plaintiffs' consideration of filing a motion for authorization to prosecute the fraudulent transfer claims on behalf of the estate. No appearances are required on 4/3/18.
Debtor(s):
Plain Leasing, Inc. Represented By
10:00 AM
Joon M Khang
Defendant(s):
Hong Joo Ra Pro Se
Michael Beom Lee Pro Se
Sam Kim Pro Se
Yoon Lee Pro Se
Chang Won Choi Pro Se
Joon Rhee Pro Se
Plaintiff(s):
B&O Logistics, Inc. Represented By Caroline Djang
Ji Kun Lim Pro Se
10:30 AM
ACTION IN NON-BANKRUPTCY FORUM RE: 3217 Acalanes Avenue,
Lafayette, California
Docket 348
The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 7 and 8 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief.
See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 7 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting retroactive relief as to all bankruptcy cases filed affecting the property retroactive to 6/20/16, which raises procedural due process issues for the court purporting to act in other bankruptcy cases.
Movant does not provide the legal and/or factual support for the request for retroactive stay annulment because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
10:30 AM
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 1/8/19, one week before a continued hearing on 1/15/19 at 11:00 a.m.
The court would consider granting in rem relief under 11 U.S.C. 362(d)(1) and 11 U.S.C. 105(a) on a prospective basis only, but movant may be able to show entitlement to retroactive stay annulment relief as discussed above. The court does not make a finding that the petition was filed in bad faith for lack of sufficient evidence or that the claims are nondischargeable because stay relief proceedings are summary in nature and do not go to the merits of the claims. Otherwise, no tentative ruling on the merits.
Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
REAL PROPERTY RE: 3217 Acalanes Avenue, Lafayette, California
Docket 349
The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 5, 9, 11 and 14 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 11 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 14 requesting retroactive relief as to all bankruptcy cases filed affecting the property retroactive to 6/20/16, which raises procedural due process issues for the court purporting to act in other bankruptcy cases.
Movant does not provide the legal and/or factual support for the request for retroactive stay annulment in paragraph 5 because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Movant does not provide the legal and/or factual support for the request for
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extraordinary relief in paragraph 9 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
Movant does not provide the legal and/or factual support for the request for stay relief under 11 U.S.C. 362(d)(2) to show debtor's lack of equity and that the property is not needed for the effective reorganization of debtor since there is no evidence of title, or precisely, debtor's lack of title, or valuation evidence of debtor's lack of equity since movant has the burden of showing lack of equity under 11 U.S.C. 362(g)(1).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 1/8/19, one week before a continued hearing on 1/15/19 at 11:00 a.m.
The court would consider granting in rem relief under 11 U.S.C. 362(d)(1) and 11 U.S.C. 105(a) on a prospective basis only, but movant may be able to show entitlement to retroactive stay annulment relief as discussed above. The court does not make a finding that the petition was filed in bad faith for lack of sufficient evidence or that the claims are nondischargeable because stay relief proceedings are summary in nature and do not go to the merits of the claims. Otherwise, no tentative ruling on the merits.
Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 200
Off calendar. Motion withdrawn by notice filed on 12/11/18. No appearances are required on 12/18/18.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Andrew Wilson Represented By Kevin T Simon
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Federal National Mortgage Association VS Debtor)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mary Palolo Anderson Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
(Santander Consumer USA Inc. dba Chrysler Capital VS Debtor)
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Devyn M Guerrero Represented By Lauren Rode
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tamara Bellnavis Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:18-01111 Reynoza-Fonseca v. Ruiz
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order entered on 12/12/18. No appearances are necessary.
Debtor(s):
Rossby Ruiz Represented By
Freddie V Vega David J Richardson
Defendant(s):
Rossby Ruiz Pro Se
Plaintiff(s):
Ageda Reynoza-Fonseca Represented By Steven J Shapero
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 12/17/18. Appearances are required on 12/18/18.
Debtor(s):
Darryl Collins Pro Se
2:00 PM
Docket 47
There is no proof of service that debtor served respondent and its counsel as ordered by the court in the order to show cause, and therefore, the court will continue the hearing so debtor can make such service (despite BNC notice). Otherwise, no tentative ruling on the merits. Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
2:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 397
No tentative ruling as of 12/17/18. Appearances are required on 12/18/18.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:30 PM
Docket 167
Approve first interim fee application of trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/18/18, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Docket 169
Approve interim fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/18/18, but trustee, applicant and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Docket 172
Approve second interim fee application of general bankruptcy counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/18/18, but trustee, applicant and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Docket 453
- NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo Jeffrey S Kwong
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 52
Treat as a contested matter under FRBP 9014 and set a pretrial schedule, including discovery, if requested by the parties, and set a date for an evidentiary hearing since there are disputed material factual issues regarding debtor's good faith in requesting conversion. Although the original motion was not supported by evidence, debtor's reply sets forth evidence relating to his good faith in requesting conversion. Appearances are required on 12/18/18 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Glenford Hilbrandt Flowers Represented By
Jan Peter Quaglia Salvatore A Sciortino
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Docket 1
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling. The court has reviewed the trustee’s supplemental declaration filed on 10/18/18, which it finds helpful. Having reviewed the declaration, the trustee should be prepared how she plans to resolve any remaining claims disputes so the case will be soon in a posture to be closed. Appearances are required on 11/6/18.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
10:00 AM
fr. 10/2/18, 11/6/18
Docket 481
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/6/18. Deny without prejudice. The court is not inclined to approve applicant's large fee request of $387,101.57 in this Chapter 7 bankruptcy case while there is no indication when and how the case will be closed and distributions will be made to general creditors, that there is no indication that there will be any meaningful dividend to general creditors, the firm has already received a large interim fee payment of
$450,000 already in this case and it appears that the lion’s share of the assets of the estate is going to pay the firm’s fees. See In re Scoggins, 517
B.R. 206, 221 and n. 13 (Bankr. E.D. Cal. 2014)("One may ask what is the harm in a disproportionate trustee or professional fee if nobody objects? The harm is the loss of public confidence in the integrity of the bankruptcy system if it comes to be regarded as managed primarily for the benefit of those who operate it."), citing and quoting R.R. Palmer, A History of the Modern World at 44 (Knopf 1963)("The [14th Century] Church faced the danger that besets every successful institution--a form of government, an army or navy, a business corporation, a labor union, a university, to choose modern
examples--the danger of believing that the institution exists for the benefit of those who conduct its affairs."). The impression here is with this application, only the professionals are benefiting from the estate with no prospect of creditor distributions in sight. Appearances are required on 11/6/18, but counsel may appear by telephone.
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Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
10:00 AM
fr. 10/2/18, 11/6/18
Docket 484
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised and updated tentative ruling as of 11/6/18. In fairness to all professionals and creditors, deny without prejudice until trustee files a final report, all final fee applications are submitted and the case is ready to be closed. Appearances are required on 11/6/18, but trustee and applicant may appear by telephone.
Prior tentative ruling as of 11/5/18. Appearances are optional on 11/6/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. Approve second interim fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/2/18, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Kathleen Kellogg-Taxe Represented By Miri Kim Wakuta
Gregory M Salvato
10:00 AM
Movant(s):
LEA Accountancy, LLP Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By Carolyn A Dye (TR) James A Dumas Jr Miri Kim Wakuta Christian T Kim
11:00 AM
fr. 11/28/18
Docket 300
Approve first and final fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/19/18, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
Chestnut, LLC Represented By Raymond H. Aver
11:00 AM
Docket 59
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/7/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post-
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confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
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Docket 589
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing to examine movant regarding whether he has a reasonable explanation for why he did not file his motion earlier. The court does not have time on its law and motion calendar on 12/19/18 to take movant's testimony and will set a hearing to take his testimony, which the court expects will take about an hour. Appearances are required on 12/19/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 11/13/18
Docket 548
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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Docket 594
No tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 11/14/18, 11/29/18, 12/13/18
Docket 390
Updated tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
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Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on
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12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
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Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
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Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 11/14/18, 11/29/18, 12/13/18
Docket 1
Updated tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone. Prior tentative ruling as of 5/7/18. No tentative ruling on the merits.
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Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by
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telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
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fr. 8/1/18, 10/3/18, 11/7/18
Docket 68
Updated tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
(2) disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed debtor's status report requesting a continuance of about 30 day to complete settlement discussions with the secured lender. No tentative ruling on the merits.
Appearances are required on 11/7/18 so that other parties, including United States Trustee, may be heard on status, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
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Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
fr. 6/27/18, 8/22/18, 11/7/18
Docket 79
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. On movant's claim under 11 U.S.C. 362(d) (2), it has met its burden of proof under 11 U.S.C. 362(g)(1) to demonstrate lack of equity in the subject property based on the stipulated value for the property. Debtor as the party opposing relief has the burden on the remaining issue of demonstrating under 11 U.S.C. 362(g)(2) and (d)(2) that the property is necessary to its effective reorganization, i.e., a confirmed reorganization plan is in reasonable prospect. Specifically, debtor must produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor's
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projected income based on its principal's consulting income of $12,500 per month is not supported by any credible evidence for this projection. The demonstrated history in this case does not support the projection, and there is no credible explanation of how the income can be generated at that level to demonstrate plan feasibility under 11 U.S.C. 1129(a)(11). Debtor has not shown that it is likely to have at least one impaired class of claims to accept its plan under 11 U.S.C. 1129(a)(10) since there is no credible evidence indicating any creditor support for the plan (debtor's conclusory assertions are not evidence). Based on what has been submitted in the papers, the court is inclined to find that debtor has not met its burden of proof on the second prong of 11 U.S.C. 362(d)(2) that the property is necessary for its effective reorganization, i.e., that its plan could be confirmed by a reasonable bankruptcy judge and that the stay relief motion should be granted.
Appearances are required on 1/4/18.
Prior tentative ruling as of 11/6/17. Appearances are required on 11/7/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/24/17. Appearances are required on 10/24/17, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Appearances are required on 9/26/17 to discuss the parties' respective pretrial needs, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 109
Updated tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. Because Secured Claim Classes 2A, 2B and 2C have not accepted the plan by voting in favor of the plan, debtor must meet the requirements of plan cramdown under 11 U.S.C. 1129(b). Since debtor has not submitted evidence showing that the nonaccepting secured claim classes are being treated fairly and equitably under 11 U.S.C. 1129(b) (2)(A)(i.e., declarations showing that treatment of these classes is fair and equitable), set evidentiary hearing for debtor to show that plan treats these creditors fairly and equitably. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/3/18. No tentative ruling on the merits. Appearances are required on 1/4/18, but counsel may appear by telephone.
Updated tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
No tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
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Docket 1
Updated tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 70
Off calendar. Motion voluntarily dismissed by notice filed on 12/6/18. No appearances are required on 12/19/18.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
fr. 12/12/18
Docket 74
- NONE LISTED -
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
fr. 11/28/18, 12/5/18, 12/12/18
Docket 229
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
fr. 11/28/18, 12/5/18, 12/12/18
Docket 232
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but
11:00 AM
counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
1:30 PM
fr. 11/14/18, 12/5/18
Docket 180
Updated tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver